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THE ARGUMENT (1) its failure to
appear at the conference did not constitute a bad faith action in violation
of Labor Code
§5813 because it
had timely paid the QME and there was no longer any issue, (whoops, they admitted
earlier they were 5 months late) (2) the sanction order
was not justified by the evidence, (whoops, the only evidence was the proof service that was not
contested) (3) the order was in
excess of the powers of the WCJ, and ( Yikes, Judges can not issue Sanctions!) (4) filing and
prosecuting liens is simply a part of the cost of doing business so awarding
sanctions to a QME gives the doctor an undeserved windfall. (Whoa, take a look to see
what the judge says Citation ) |
