RODNEY MIKELS vs. REDWOOD EMPIRE GOLF AND COUNTRY CLUB, PROCENTURY INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY
The Workers' Compensation Appeals Board (WCAB) rescinded an order that denied a defendant's petition for costs and sanctions. The defendant sought these based on alleged bad faith billing by a lien claimant for duplicate medical records. The WCJ had denied the petition, finding it moot when the lien claimant withdrew its claim for invoice balances. However, the WCAB found that the defendant's due process rights were violated as the petition also sought costs and sanctions for alleged bad faith, a claim that survived the lien claimant's withdrawal. The case is returned to the WCJ for further proceedings on the defendant's claim for costs and sanctions.