What the panel ordered
Petition for reconsideration denied; defendant's delay found to be due to mistake and excusable neglect, not bad faith or frivolous conduct; sanctions denied.
Applicant seeks reconsideration of the September 30, 2024 Findings of Fact denying sanctions for defendant's delay in medical treatment due to a coding error.
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.
Penalties under Labor Code §5814Defendant prevailedlumbar spine · psyche · hypertension
The defendant's delay was due to a coding error and excusable neglect, not bad faith or frivolous conduct, so sanctions under Labor Code section 5813 and WCAB Rule 10421(b) were not warranted.
From the decision · page 1Applicant seeks reconsideration of the September 30, 2024 Findings of Fact wherein the workers' compensation administrative law judge (WCJ) found that defendant "did not act in bad faith, frivolously, or with the sole intention to cause unnecessary delay" when applicant's medical treatment was delayed due to a coding error which misidentified applicant's medical as closed due to settlement via a Compromise and Release Agreement. (Findings of Fact and Opinion on Decision (FOF & OOD), pp. 2, 7.)