Clark, Jeanette

CIGA (administering Atlantic Mutual in liquidation) sought reconsideration of a WCJ's order imposing $500 in sanctions to the General Fund and $2,000 in costs to applicant for improper pre-application discovery. The WCJ found CIGA improperly obtained a QME report from Dr. William Ramsey without issuing any proper objection under the Labor Code, and improperly deposed the pro-per applicant twice in violation of Labor Code section 5710 and the Civil Discovery Act. CIGA argued its conduct was inadvertent, lawful, violated due process, and that Insurance Code section 1063.1(c)(4) shielded it from sanctions. The WCAB adopted and incorporated the WCJ's report, agreeing CIGA's discovery tactics were inconsistent with its statutory obligations and discovery rules, warranting sanctions and costs. The Petition for Reconsideration was denied.