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Winning the Race to the Medical Unit, by Judge Colleen Casey. Workers' compensation practitioners enjoy a rule that is unique to the world of EAMS litigation. 8 CCR 10507 provides in part as follows: "(a) If a document is served by mail, fax, e-mail, or any method other than personal service, the period of time for exercising or performing any right or duty to act or respond shall be extended by: (1) five calendar days from the date of service, if the physical address of the party, lien claimant, attorney, or other agent of record being served is within California; (Emphasis added.)"  Read more.

Sanctions--WCAB denied defendant's petition for reconsideration challenging WCJ's award of permanent total disability to applicant who suffered injuries to her spine, upper extremities and psyche on 5/25/98, 7/16/2001 and from 1982 through 10/2001, and granted removal on its own motion to issue notice of its intention to award costs and attorney's fees against defendant and its counsel, jointly and severally, and impose sanctions in amount of $1,000 pursuant to LC 5813 and 8 CCR 10561, when WCAB found that defendant engaged in bad faith actions and tactics that were frivolous or solely intended to cause unnecessary delay and violated B&P 6068 by raising issues for first time and setting forth irrelevant and/or meritless contentions in its petition for reconsideration, including contention that AME's opinion did not constitute substantial evidence because he failed to apply AMA Guides in determining applicant's permanent disability as set forth in Milpitas Unified School Dist. v. W.C.A.B. (Almaraz/Guzman III), notwithstanding parties' prior stipulation that 1997 Schedule for Rating Permanent Disabilities applied to rate applicant's permanent disability, making Almaraz/Guzman III inapplicable in this case. Read the Laboy panel decision.

Reminder: Check the subsequent history of a panel decision before citing to it.

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