Difusco, Jillian

In this en banc decision, applicant Jillian Difusco, a massage therapist who sustained an industrial injury on July 21, 2008, sought to enforce prior awards for home health care services that went unpaid, and made a discovery request asking defendant to disclose underlying insurance coverage, policy limits, excess carriers, and all potentially liable entities pursuant to WCAB Rule 10390 and the Coldiron en banc decisions. The WCJ found that defendant only needed to disclose the name of its insurance carrier and that Rule 10390 superseded Coldiron. The Appeals Board, sitting en banc, rescinded the WCJ's April 19, 2022 F&O, holding that en banc decisions cannot be superseded by regulation, that Coldiron I and II remain binding precedent, and that defendants must disclose all liable entities and insurance policy provisions affecting liability regardless of whether a third-party administrator is involved. The Board returned the matter to the trial level, directing defendant to disclose the requested information, and noted that sanctions under Labor Code section 5813 may be available for noncompliance.