What the panel ordered
Findings and Order by WCJ dated November 16, 2021 rescinded; new Findings and Order substituted denying claims for costs, attorney's fees, and sanctions; defendant did not act in bad faith after May 16, 2019; cost petitioner takes nothing further.
Petition for reconsideration granted to study factual and legal issues; WCJ report and recommendation to deny petition; WCAB decision after reconsideration rescinds prior Findings and Order and substitutes new Findings and Order.
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 did not award costs, sanctions, or attorney's fees in the Notice of Intention; no objections or petitions for reconsideration were filed within the statutory period; defendant paid the amount due promptly; therefore, claims for costs, attorney's fees, and sanctions were denied and no bad faith was found.
From the decision · page 5Here, the WCJ did not award costs, sanctions, or attorney's fees in the April 16, 2019 NOI.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
No objection was filed to the Notice of Intention issued on April 16, 2019, and it became final on May 16, 2019.
Favours Defendant prevailed
This established the finality of the order and the deadline for any petitions for reconsideration, which were not filed.
From the decision · page 7FINDINGS OF FACT 1. There was no objection to the Notice of Intention issued on April 16, 2019, and it became final on May 16, 2019. 2. Defendant's and cost petitioner's claims for costs, attorney's fees, and sanctions are denied. 3. Defendant did not act in bad faith after May 16, 2019. 4. Matrix Document Imaging and Litigation & Consulting Associates are not entitled to any further recovery.
Defendant tendered payment on May 15, 2019, pursuant to the Order based on the Notice of Intention.
Favours Defendant prevailed
This timely payment negated any basis for penalties, interest, or sanctions claims.
From the decision · page 3No objection was filed by any party. Although evidence of payment was not submitted at trial, according to defendant's verified Answer, it tendered payment on May 15, 2019 pursuant to the NOI.
Cost petitioner did not file any objection or petition for reconsideration regarding costs, sanctions, or attorney's fees within the statutory period.
Favours Defendant prevailed
Failure to challenge the lack of findings or awards within the statutory period resulted in denial of those claims.
From the decision · page 5Cost petitioner did not challenge this lack of a finding by way of an objection to the NOI or by
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068
A final order is one that determines substantive rights or a threshold issue fundamental to the claim for benefits; time limits for petitions for reconsideration are jurisdictional and must be observed.
The Order based on the Notice of Intention became final on May 16, 2019, and no timely petition for reconsideration was filed.
From the decision · page 4DISCUSSION Preliminarily, we note that a "final" order has been defined as one that either "determines any substantive right or liability of those involved in the case" (Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661]) or determines a "threshold" issue that is fundamental to the claim for benefits. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650].) There are 25 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address in California and 30 days allowed when service is made upon an address outside of California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com.
Labor Code section 4622(a)(1)
Labor Code section 4622(a)(1) requires payment within 60 days of billing or penalties and interest apply; contested claims must be timely resolved.
Defendant tendered payment on May 15, 2019, pursuant to the Order, avoiding penalties and interest.
From the decision · page 3No objection was filed by any party. Although evidence of payment was not submitted at trial, according to defendant's verified Answer, it tendered payment on May 15, 2019 pursuant to the NOI.
Labor Code section 5813; WCAB Rule 10786(i)(1)
Labor Code section 5813 and WCAB Rule 10786(i)(1) authorize sanctions, costs, and attorney's fees for bad faith failure to comply with payment requirements.
No bad faith was found after May 16, 2019, so no sanctions, costs, or attorney's fees were awarded.
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About this page
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