Addendum to LexisNexis Workers' Compensation eNewsletter

Sanctions; EAMS Rules. WCAB, granting removal, rescinded WCJ's order to show cause regarding imposition of $500 sanction issued against e-filer/lien claimant pursuant to LC 5813 and Rule 10561 based on its inadvertent use of form for status conferences rather than lien conferences in filing DOR through EAMS in connection applicant's injury, when sanction order was largely based on two improperly checked boxes (status conference vs. lien conference) on an e-form which was recently changed, change was not yet reflected in E-form Filing Reference Guide, e-filer's agreement with DWC contained no provision for imposition of sanction or penalty for such error nor did WCJ cite any legal authority to support sanction, e-form was actually filed by lien claimant's litigation manager who was not a party, attorney or independent representative for purpose of imposing sanctions under Rule 10250(c), and there was no showing of bad faith to justify sanctions as required by LC 5813. See Garcia panel decision (Dec. 14, 2011).