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Zenith claims the Late interest penalty has
been repealed! |
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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LC 4903.6 has been repealed.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? |
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Lack of evidence is no barrier to Mr. Chernow. See a copy of the pre-trial
conference statement. Link |
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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. |
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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. |
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1st Trial |
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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? |
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2nd Trial |
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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. |
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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. |
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This is what happens when Judges do not use their Sanction
authority. |
Sanction trial is still pending |
