What the panel ordered
Petition for Reconsideration denied by the Appeals Board on May 9, 2025.
Petition for Reconsideration filed by applicant from WCJ's Findings of Fact and Order dated February 12, 2025, denying sanctions under Labor Code section 5813.
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 exercised judicial discretion and found no basis to impose sanctions as the sub rosa video was not sent to any medical evaluator and there was no evidence of a pattern of inappropriate conduct by defendant.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The sub rosa video was not sent to any medical evaluator and was not reviewed by Dr. Fujinaka in his reports.
Favours Defendant prevailed
This fact supported the WCJ's exercise of discretion to deny sanctions as there was no evidence of bad faith in discovery.