David Leal — ADJ9737864

Lien claimant Citywide Scanning Service, Inc. sought reconsideration of a WCJ's June 12, 2019 Findings and Orders that disallowed its lien for failure to offer admissible evidence and imposed $1,000 sanctions plus costs against the lien claimant and its representative, Amy Cosio, under Labor Code section 5813 for bad faith and frivolous conduct. The WCJ excluded lien claimant's exhibits 1-7 because no exhibit list was disclosed on the pretrial conference statement as required by section 5502(d)(3). The Board upheld the evidentiary exclusion, finding no declaration establishing mistake or excusable neglect and no evidence that an exhibit sheet was ever submitted (rejecting the claimed scanning error). However, the Board rescinded the sanctions because the WCJ imposed them without a Notice of Intention or other notice and opportunity to be heard, violating due process, and also found the conduct was not sanctionable. The F&O was rescinded only to strike Finding of Fact 3 and orders b and c, leaving the lien disallowance intact.