WCPanelIQ
PanelGranted in Part

Rollins, Jonathan

JONATHAN ROLLINS (deceased), Applicant vs. GXO LOGISTICS; EVEREST PREMIER INSURANCE COMPANY, Administered by CORVEL, Defendants

ADJ number
ADJ18250757
Decision date
Dec 8, 2024
District office
Van Nuys
WCJ
—
Claim administrator
CorVel (administering for Everest Premier Insurance Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: head, chest, internal organs, death

LC §4702LC §5813LC §5814LC §5900LC §5903LC §5909LC §5952LC §5313LC §5510CCR §10421CCR §10510CCR §10566CCR §10787CCR §10786

Summary

Decedent Jonathan Rollins, a forklift operator, died in a workplace accident on August 29, 2023, prompting separate death benefit applications by his brother and his fiancée, both filed under the same ADJ number pursuant to Labor Code section 4702. Defense counsel David Na scheduled depositions but excluded the fiancée and her counsel from the brother's deposition, claiming she was not a party. The fiancée's counsel filed a petition for sanctions, costs, and attorney's fees under section 5813 and WCAB Rule 10421. The WCJ found the fiancée was a party, excluded the brother's deposition from evidence, and ordered Na to pay $999 in sanctions. The Appeals Board granted defendant's petition for reconsideration only to defer the unaddressed issue of the fiancée's request for costs and attorney's fees (which the WCJ erroneously concluded was never filed), affirmed the sanctions order in all other respects, and corrected clerical errors.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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