KATHRYN GREEN-RHOADS, Applicant,
v.
GRAN TEASLEY, dba TEDDY BEAR CARPET CARE; NATIONAL AMERICAN INSURANCE COMPANY, Defendant(s).
No. RDG 0060772
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State Of California
July 17, 1997
OPINION
AND DECISION AFTER RECONSIDERATION
COLLEEN S. CASEY
On
March 4, 1997, the Workers' Compensation Appeals Board
(Board) granted lien claimant's (petitioner) Petition for
Reconsideration. Reconsideration was granted for further
study of the facts and the applicable law in order to give
the Board a complete understanding of the record and to
enable it to make a just and reasoned decision. The Board has
now completed its review, and for the reasons set forth
below, will rescind the workers' compensation
referee's (WCR) Order assessing Labor Code section 5813
sanctions. The Board finds that Labor Code section 5813 is
applicable only to Applications for Adjudication of Claim
(applications) which are filed on or after January 1,1994 for
injuries occurring on or after January 1,1994. Therefore
sanctions may not be assessed in the present matter where the
injury occurred prior to January 1,1994.
Petitioner
sought reconsideration of the Findings and Order issued
December 9, 1996, in which the WCR assessed sanctions in the
sum of $1,729.50 against petitioner for its "willful
failure" to appear at a noticed hearing on January 19,
1996 (sic, the hearing was actually held on January 18,
1996). Petitioner contended that the Board's authority to
assess sanctions applies only to cases in which an
application is filed on or after January 1, 1994, and
"[t]he application in this matter was filed in 1992,
well before section 5813 became effective." Petitioner
further contended that it "has acted with reasonable
justification" and the imposition of sanctions is
"unjust."
Applicant
alleged industrial injury to the spine, neck and head in May
of 1992. No application was filed with the Board. The
Board's file was opened by pre-application pleadings
filed on April 18,1994. The pre-application pleadings
included a DWC-1 form (Employee's Claim for Workers'
Compensation Benefits)...
