WCPanelIQ
PanelGranted

Livingston, David

DAVID LIVINGSTON, Applicant vs. TAHLEQUAH STEEL INCORPORATED and STATE COMPENSATION INSURANCE FUND; BLI INC DBA BLI PAYROLL SOLUTIONS INSUR AND BLI INS SOLUTIONS INC., and EVEREST NATIONAL INSURANCE COMPANY administered by AMERICAN CLAIMS MANAGEMENT; SOUTHEAST PERSONNEL LEASING, INC. and STATE NATIONAL INSURANCE by PACKARD CLAIMS ADMINISTRATION, Defendants

ADJ number
ADJ9997985
Decision date
Nov 13, 2025
District office
Van Nuys
WCJ
Pollak
Claim administrator
American Claims Management (administering Everest National Insurance Company); Packard Claims Administration (administering State National Insurance); State Compensation Insurance Fund
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5813LC §5909LC §5900LC §5903LC §5952LC §5313LC §5701LC §5906CCR §10421CCR §10600CCR §10787CCR §10515

Summary

Applicant's attorneys (Craig Glass and Glass Law Group) sought reconsideration of a WCJ's August 27, 2025 Order imposing $125 in sanctions under Labor Code section 5813 and WCAB Rule 10421 for allegedly delaying the case by failing to complete service of process on the Secretary of State and seek joinder of the UEBTF. The Board found that defendant's Second Amended Petition for Sanctions lacked a valid proof of service and, along with the NIT and resulting Order, was served at an incorrect (former) address rather than the official EAMS address of record. The Board held the NIT was void ab initio for lack of valid service, rendering the resulting Order void as well. Even if properly served, the Board found the Order could not be meaningfully reviewed because it rested on no evidentiary record, made vague references to undated 'assurances,' and conflated the roles of attorney Craig Glass and attorney Monica Fairwell without proper notice or opportunity to be heard. The Board granted reconsideration, rescinded the sanctions Order, and returned the matter to the district office to create a complete record.

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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