Zenith claims the Late interest penalty has been repealed!

Zenith attorney Duane Chernow on multiple occasions claims the interest penalty in LC 4903.6 has been repealed. His evidence is.......oh wait it is not true... so there is no evidence. And what does that have to do with penalties under LC 4603.2?
Lack of evidence is no barrier to Mr. Chernow. See a copy of the pre-trial conference statement.  Link
The conference statement was presented on 3/14/07 and 7/12/07. ( issue regarding case# ) The presiding  judge asked Mr. Chernow where the evidence was to support the issue. His answer was, "I will bring my labor code book". When the Judge asked him to show the Judge in the Judge's book as his claim could not be substantiated in the Judge's code book, he said, "My book is never wrong". There are no trial judges available, so another trial date is set.

It gets better

Mr. Chernow also claims that the WCAB loses jurisdiction on a lien after the Order Approving C & R.
He had a really good reason for that one. Ah...well...because.

1st Trial

Ok, now we are at trial, waiting for the "My book is never wrong" evidence. Mr. Chernow is substituted by Cynthia Boldy who can not find the evidence in the magic book. The Judge stops the trial and sends it back to MSC requesting Trial Briefs. Want to bet if there was evidence in the trial brief?

2nd Trial

Don't, you would lose. The request for evidence was not mentioned at ALL! In fact the claim of penalty interest repeal is absent also. So what is the angle this time? Try they never received the report until it was faxed it to them and ( you will love this) Proof of service by mail is not valid unless the person that signs it is present at trial! The defense witness states that they were unaware of the bill and report until it was faxed to them. She was unable to answer most questions because nothing else was her expertise.) Never did figure out what she could do.) The Judge was not sure that the witness could establish herself as an expert. Now this all is very interesting as the first QME was two years earlier than when when the report was faxed and it referenced the report. The second QME (different QME doctor) was six months prior to the faxed report and it mentioned the report. AND THE BEST OF ALL! The defense listed the report in their exhibit sheet for the case in chief two months prior to the faxed report. ( the report supported their position better than the QMEs)  The lien Claimant also testified there were multiple phone calls and faxes to the adjuster on the case. The judge found for the defense opining there was no proof that the report was sent prior to the faxed report! Petition for Reconsideration was sent and the decision was vacated by the Judge with a new status conference set.
Remember, through three MSCs, two trials and one trial brief, not one piece of evidence, regulation or case law has been provided by the defense to support the alleged interest repeal, WCAB loss of jurisdiction or proof service issue.

This is what happens when Judges do not use their Sanction authority.

Sanction trial is still pending