Case No. ADJ2189039 (LAO 0881468)
ADJ890803 (LAO 0881469)
ADJ2121987 (LAO 0883852)RegularJan 25, 2010
Elias Martinez vs. STANDARD PARKING, ESIS/ACE USA
The applicant sought reconsideration of the WCJ's denial of sanctions and attorney's fees against the defendant. The applicant argued that the defendant's petition to suspend benefits was frivolous. The Board denied reconsideration, finding that the defendant acted with "reasonable justification" in filing its petition, even though ultimately unsuccessful. Therefore, there was no basis for sanctions under Labor Code section 5813, as the defendant did not act in bad faith.
Workers' Compensation Appeals BoardStandard ParkingESIS/ACE USAADJ2189039ADJ890803ADJ2121987Opinion and Order Denying ReconsiderationFindings and Orderssanctionsattorney's fees
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