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Case Name Duncan v. WCAB
Date 08/26/2008
Note A sanction is not a workers' compensation 'benefit' within the meaning of section 3716.2, which limits the Uninsured Employers Benefits Trust Fund's (UEBTF) liability 'only' to 'benefits' that would be paid by an employer properly insured for worker's compensation.
Citation C056727
WCC Citation WCC 34152008 CA
Concluding that a sanction against the UEBTF for bad faith action is not prohibited by section 3716. 2, the WCJ ordered the UEBTF to pay a sanction of $100 to the Workers' Compensation Appeals Board (WCAB). Accordingly, the WCAB held: "When a sanction is warranted under section 5813 and Rule 10561 [Cal. However, appellate review of WCAB decisions is limited to "final" orders that determine a substantial right or liability of a party. Therefore, Solorio has misused, and the WCJ and the WCAB have misapplied, section 5813 for that purpose. DISPOSITION The WCAB decision is annulled, and the cause is remanded to the WCAB for further proceedings consistent with this opinion.

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