What the panel ordered
Defendant's Petition for Reconsideration granted in part; Findings and Award amended to defer issue of applicant's request for reasonable expenses, including attorney's fees and costs; otherwise affirmed.
Defendant sought reconsideration of the Findings and Award issued by the WCJ on September 11, 2024, regarding sanctions against defense counsel.
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 Appeals Board found that defense counsel's actions caused unreasonable delay and additional costs, warranting sanctions under Labor Code section 5813 and WCAB Rule 10421, but deferred the issue of reasonable expenses including attorney's fees due to lack of evidence at trial.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defense counsel David Na intentionally excluded decedent's fiance from a witness deposition, causing unreasonable delay and additional litigation costs.
Favours Applicant prevailed
This conduct justified the imposition of sanctions under Labor Code section 5813 and WCAB Rule 10421.