What the panel ordered
Applicant's petition for reconsideration denied; Defendant's petition for reconsideration granted; Findings and Order of August 21, 2025 affirmed except issue of costs and sanctions against applicant's attorney deferred to WCJ for new finding.
Petitions for reconsideration filed by both applicant and defendant; WCJ issued Findings and Order on August 21, 2025; WCJ Report and Recommendation on Petition for Reconsideration served August 27, 2025; WCAB decision issued October 27, 2025.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found no unreasonable delay by defendant in authorizing medical evaluations and no bad faith or frivolous tactics by defendant's attorney in correspondence; however, the WCAB deferred the issue of costs and sanctions against applicant's attorney for further findings.
From the decision · page 1Applicant and defendant each seek reconsideration of the Findings and Order (F&O), issued by the workers' compensation administrative law judge (WCJ) on August 21, 2025, wherein the WCJ found in pertinent part that defendant's attorney's correspondence dated October 30, 2024 did not violate Labor Code section1 5813; defendant did not delay a qualified medical evaluator (QME)'s exam in ophthalmology in violation of section 5814; that there is no violation of section 5813 or section 5814 and that no attorney fees are to be awarded per section 5813 and/or section 5814.5; and that no costs or sanctions will be allowed against the applicant's attorney as a result of seeking a supplemental QME report from Dr. Weingarten and/or a supplemental additional panel in ophthalmology.