Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Petition for reconsideration must be acted upon within 60 days of transmission to Appeals Board.
The Board timely acted on the petition within the 60-day period.
From the decision · page 2Under section 5909(a), the Appeals Board must act on a petition for reconsideration within
60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in
the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under
Event Description is the phrase "Sent to Recon" and under Additional Information is the phrase
"The case is sent to the Recon board."
Labor Code section 5902; Cal. Code Regs., tit. 8, § 10945
Petition for reconsideration must fairly state all material evidence with specific record references.
The petition failed to state grounds under Labor Code section 5903 and did not comply with evidentiary requirements.
From the decision · page 3Lastly, a petition for reconsideration must fairly state all of the material evidence relative
to the point or points at issue. (Lab. Code, § 5902; Cal. Code Regs., tit. 8, § 10945(a).) The
evidentiary statements in a petition for reconsideration must be supported by specific references
to the record. (Cal. Code Regs., tit. 8, § 10945(b).) Applicant's attorney repeatedly alleges that the
Labor Code section 5813; Cal. Code Regs., tit. 8, § 10421
Sanctions for bad-faith actions or tactics are discretionary and not mandatory.
The WCJ did not abuse discretion in declining to impose sanctions for lien claimant's failure to appear.
From the decision · page 3Pursuant to section 5813(a), the Workers' Compensation Appeals Board has the
discretionary power to order the payment of sanctions for "bad-faith actions or tactics which are
frivolous or solely intended to cause unnecessary delay." (Lab. Code, § 5813(a).) Bad-faith actions
or tactics are defined as "actions or tactics that result from a willful failure to comply with a
statutory or regulatory obligation, that result from a willful intent to disrupt or delay the
proceedings of the Workers' Compensation Appeals Board, or that are done for an improper motive
or are indisputably without merit" and include "[b]ringing a claim, conducting a defense or
asserting a position: (A) That is: (i) Indisputably without merit; (ii) Done solely or primarily for
the purpose of harassing or maliciously injuring any person; and/or (iii) Done solely or primarily
for the purpose of causing unnecessary delay or a needless increase in the cost of litigation...."
(Cal. Code Regs., tit. 8, § 10421(b)(6).)