What the panel ordered
Petition for Reconsideration is denied by the WCAB panel.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Cost Petitioner failed to prove bad faith by the defendants, which is required to impose sanctions and attorney fees under Labor Code section 5813 and CCR section 10545(h). The defendants paid the requested amount and a self-imposed penalty, and no evidence of unreasonable delay or bad faith was presented.
From the decision · page 1Cost petitioner contends, in pertinent part, that the discovery issues remain relevant and that defendant engaged in bad faith actions by unreasonably delaying payment.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Favours Defendant prevailed
This payment and penalty demonstrated corrective action and good faith, undermining the claim of bad faith by the Cost Petitioner.