Cost petitioner Robyn Pearl, Psy.D., a panel QME, sought reconsideration of a WCJ's F&O finding that defendant State Fund (administering the legally uninsured Unemployment Insurance Appeals Board/EDD) did not engage in bad faith despite paying a $19,428.17 medical-legal bill late and only paying penalty and interest ($2,263.25) after the cost petition was filed. The undisputed facts showed State Fund received Dr. Pearl's bill on December 16, 2024, but the handling claims examiner credibly testified he did not see it (it was apparently marked as a duplicate) until March 11, 2025, and issued payment the next day. The Board adopted the WCJ's Report and held that while payment was indisputably untimely under Labor Code section 4622, negligent or late handling does not equate to bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. Because there was no underlying finding of bad faith, no attorney's fees, costs, or sanctions could be awarded under WCAB Rule 10786(i)(1), Labor Code section 5813, or WCAB Rule 10421. The Petition was denied.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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