California: Sanctions; Cost Petition; Failure to Timely Pay

The WCAB, granting reconsideration, affirmed the imposition of costs against the Defendant payable to Dolores I. Campos Interpreting Services, Inc., of $165.00, but reduced sanctions imposed by the WCJ from $750.00 to $125.00 for untimely payment of Labor Code § 5811 costs of $300.00. Here, the WCJ did provide the Defendant with sufficient notice that its untimely payment of cost petitioner’s invoice was the basis for potential sanctions and costs. In addition, with respect to the allegation of untimely payment, the WCAB did not accept as credible the Defendant’s declarations of non-receipt of the invoice of Dolores I. Campos Interpreting Services, Inc., from both the claims administrator and her hearing representative given that neither were responsible for receiving and filing mail. Therefore, the Defendant did not rebut the presumption that it received the invoice for interpreting services and that it acted in bad faith for failing to pay until receiving a petition for costs seven months later. See the Quezada panel decision.

Reminder: Board panel decisions are not binding precedent.

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