Kathryn Green-Rhoads

Applicant Kathryn Green-Rhoads alleged an industrial injury to the spine, neck and head in May 1992, but no Application for Adjudication was ever filed; the Board's file was opened by pre-application pleadings filed April 18, 1994, including a DWC-1 claim form dated February 10, 1994. The parties settled by Compromise and Release for $2,500 with a Thomas finding, leaving the Cox Chiropractic lien to be adjudicated. The WCR assessed $1,729.50 in Labor Code section 5813 sanctions against the lien claimant (petitioner) for willful failure to appear at a noticed hearing. On reconsideration, the Board held that section 5813 sanctions apply only where the injury occurred on or after January 1, 1994, and since this injury occurred in May 1992, no sanctions could be assessed. The Board rescinded the sanctions order and substituted an order denying both the defendant's and the lien claimant's petitions for sanctions.