Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10421(b)(2)
Sanctions are warranted when a pleading, petition, or legal document is filed without reasonable justification.
Applied to determine if sanctions were warranted for errors in the verified pleading.
From the decision · page 3Sanctions are warranted when a pleading, petition, or legal document is filed
without reasonable justification. (CCR 10421(b)(2).) Sanctions are also appropriate
when a verified document is filed with the Workers' Compensation Appeals Board
[WCAB] that contains false or substantially false statements of fact. (CCR
10421(b)(5)(A)(i).) Sanctions are appropriate where there is no reasonable excuse
or the offending party has demonstrated a pattern of such conduct. (CCR
10421(b)(5)(B).) Petitioner's Objection simply indicated that a template was used
from another case and that important information was not changed. The Recon
asserts that these were simply clerical and inadvertent errors in using the template.
(Recon, Page 6, Lines 21-23.) The undersigned does not find this argument
persuasive, nor does the undersigned find it to be a reasonable excuse as
contemplated by the regulation. The excuse is not reasonable because the Answer
has a verification attached to it that says that the signatory has read the document
and knows its contents.
Cal. Code Regs., tit. 8, 10421(b)(5)(A)(i) and (B)
Sanctions are appropriate when a verified document contains false or substantially false statements of fact without reasonable excuse or a pattern of conduct.
Applied to assess the nature of errors in the verified pleading and whether they warranted sanctions.
From the decision · page 3Sanctions are warranted when a pleading, petition, or legal document is filed
without reasonable justification. (CCR 10421(b)(2).) Sanctions are also appropriate
when a verified document is filed with the Workers' Compensation Appeals Board
[WCAB] that contains false or substantially false statements of fact. (CCR
10421(b)(5)(A)(i).) Sanctions are appropriate where there is no reasonable excuse
or the offending party has demonstrated a pattern of such conduct. (CCR
10421(b)(5)(B).) Petitioner's Objection simply indicated that a template was used
from another case and that important information was not changed. The Recon
asserts that these were simply clerical and inadvertent errors in using the template.
(Recon, Page 6, Lines 21-23.) The undersigned does not find this argument
persuasive, nor does the undersigned find it to be a reasonable excuse as
contemplated by the regulation. The excuse is not reasonable because the Answer
has a verification attached to it that says that the signatory has read the document
and knows its contents.
Lab. Code, 5300, 5301, 5309, 5310, 5813(a)
The Appeals Board has sole discretion to determine if sanctions should be ordered under Labor Code sections 5300, 5301, 5309, 5310, and 5813(a).
The Appeals Board exercised discretion to rescind sanctions despite WCJ's imposition.
From the decision · page 5Under sections 5300, 5301, 5309, 5310, and 5813(a), the Appeals Board ultimately has the
"sole discretion" to determine if sanctions should be ordered. (Lab. Code, § 5300, 5301, 5309,
5310, 5813(a).) In this case, we exercise that discretion by rescinding the sanctions ordered by the
WCJ, as we believe that Ms. McHugh's errors were not sufficiently egregious to warrant the
imposition of sanctions, and that Ms. McHugh offered a reasonable excuse for her actions.2