Mark Nahvi — ADJ12356394

Applicant Mark Nahvi, a Lyft driver, allegedly sustained multiple injuries after being attacked by a passenger. After years of discovery disputes, the WCJ found that Lyft willfully delayed the case by withholding subpoenaed records, serving late and inadequate custodian affidavits, and improperly deciding relevance and privilege itself rather than allowing the court to make those determinations. The WCJ ordered Lyft to pay $64,735.00 in attorney fees, imposed $2,000.00 in sanctions, and ordered production of outstanding records with a proper custodian affidavit. Lyft petitioned for reconsideration (or alternatively removal), arguing it had produced the records and acted without bad faith. The Appeals Board denied reconsideration, finding the sanctions/fees order was a final (hybrid) order properly reviewed under the reconsideration standard and adopting the WCJ's reasoning that Lyft's conduct constituted bad-faith litigation tactics under Labor Code section 5813.