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Lien Claimant's Recon Sanctionable

Wednesday, March 21, 2001 | 0

The WCAB, in a recent En Banc decision, has ruled that a Petition for Reconsideration, filed 6 months after an Award, is a bad-faith litigation tactic meant solely to harass or annoy, and thus is sanctionable under LC 5813 and Reg. 10561. In Julie Garcia vs. The Vons Company, Inc. (AHM 0057674) the Board upheld the WCJ's finding that the filing of the Petition for Reconsideration by lien claimant La Mirada Chiropractic Group was 'indisputably without merit' and without 'reasonable justification' for being 6 months late. Defendant was awarded a sanction of $300.00 plus reasonable attorney's fe...

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