WCPanelIQ
PanelQMEMed-legalDenied

Eileen Mosqueda — ADJ19292947

EILEEN MOSQUEDA, Applicant vs. UNEMPLOYMENT INSURANCE APPEALS BOARD, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ19292947
Decision date
Apr 9, 2026
District office
San Jose
WCJ
Norma L. Acosta
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: circulatory system, stress (psyche)

LC §4622LC §5813LC §5900LC §5909LC §4603.3LC §4603.6CCR §10786CCR §10421

Summary

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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Holding

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Analysis

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Defense takeaway

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