What the panel ordered
The Appeals Board grants the Petition for Reconsideration, rescinds the First Amended Order Imposing Sanctions and Costs dated July 27, 2026, and returns the matter to the trial level for further proceedings and decision.p. 9
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found that the Notice of Intent to Sanction did not provide proper notice, no record or evidence supported the sanctions, and due process was not afforded; therefore, the sanctions order was rescinded and the matter returned for further proceedings.
From the decision · page 6This order was based on a Notice of Intent which issued in the supplemental pages to the Minutes of Hearing dated October 16, 2025. While we are sympathetic to the WCJ’s frustration about the court’s time and resources, in workers’ compensation proceedings, “[d]emurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted.” (Cal. Code Regs., tit. 8, § 10515.) Yet, no record was ever created, no evidence was ever admitted, and no testimony was ever given in support of multitude of orders issued here in violation of WCAB Rule 10787. (Cal. Code Regs., tit.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
No record or evidence was created to support the sanctions or the alleged conduct.
Favours Applicant prevailed
Without an evidentiary record, the sanctions order lacked a proper basis and violated due process rights.
From the decision · page 6This order was based on a Notice of Intent which issued in the supplemental pages to the Minutes of Hearing dated October 16, 2025. While we are sympathetic to the WCJ’s frustration about the court’s time and resources, in workers’ compensation proceedings, “[d]emurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted.” (Cal. Code Regs., tit. 8, § 10515.) Yet, no record was ever created, no evidence was ever admitted, and no testimony was ever given in support of multitude of orders issued here in violation of WCAB Rule 10787. (Cal. Code Regs., tit.
The Notice of Intent to Sanction was buried in a lengthy minute order and did not provide proper notice to the offending party.
Favours Applicant prevailed
Proper notice is required for due process before imposing sanctions; lack of clear notice invalidated the sanctions order.
From the decision · page 6This order was based on a Notice of Intent which issued in the supplemental pages to the Minutes of Hearing dated October 16, 2025. While we are sympathetic to the WCJ’s frustration about the court’s time and resources, in workers’ compensation proceedings, “[d]emurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted.” (Cal. Code Regs., tit. 8, § 10515.) Yet, no record was ever created, no evidence was ever admitted, and no testimony was ever given in support of multitude of orders issued here in violation of WCAB Rule 10787. (Cal. Code Regs., tit.
No opportunity to be heard was afforded before the sanctions order was issued.
Favours Applicant prevailed
Due process requires an opportunity to be heard; absence of such opportunity rendered the sanctions order improper.
From the decision · page 6This order was based on a Notice of Intent which issued in the supplemental pages to the Minutes of Hearing dated October 16, 2025. While we are sympathetic to the WCJ’s frustration about the court’s time and resources, in workers’ compensation proceedings, “[d]emurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted.” (Cal. Code Regs., tit. 8, § 10515.) Yet, no record was ever created, no evidence was ever admitted, and no testimony was ever given in support of multitude of orders issued here in violation of WCAB Rule 10787. (Cal. Code Regs., tit.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Rucker v. Workers’ Comp. Appeals Bd. (2000) 82 Cal.App.4th 151
Due process requires that a party be provided with reasonable notice and an opportunity to be heard in workers' compensation proceedings.
The Appeals Board found that the Notice of Intent to Sanction did not provide proper notice and no opportunity to be heard was afforded, violating due process.
From the decision · page 68, § 10787.) The WCJ’s attempts to recreate conversations in his Report, in the notices of intention, and on the minutes simply place him in the role of a witness; they are not evidence and they are not a proper record of proceedings. All parties to a workers’ compensation proceeding retain the fundamental right to due process and a fair hearing under both the California and United States Constitutions. (Rucker v. Workers’ Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases 805].) Due process requires that a party be provided with reasonable notice and an opportunity to be heard. (Katzin v. Workers’ Comp. Appeals Bd. (1992) 5 Cal.App.4th 703, 711-712 [57 Cal.Comp.Cases 230].) Due process guarantees all parties the right to notice of hearing and a fair hearing. (Rucker,
Cal. Code Regs., tit. 8, §§ 10421(a), 10510
Orders for sanctions, costs and attorney’s fees can be based upon the WCJ’s own motion or on a petition filed pursuant to WCAB Rule 10510, but the alleged offending party must be given notice and an opportunity to be heard before such an order is issued.
The Appeals Board found that the Notice of Intent to Sanction did not provide proper notice and no record or evidence supported the sanctions, thus the order was rescinded.
From the decision · page 72d 753, 755 [33 Cal.Comp.Cases 350]).) The Appeals Board is authorized to impose sanctions, costs and attorney’s fees under section 5813. (Lab Code, § 5813(a) and (b).) Orders for sanctions, costs and attorney’s fees can be based upon the WCJ’s own motion or on a petition filed pursuant to Workers’ Compensation Appeals Board (WCAB) Rule 10510. (Cal. Code Regs., tit. 8, §§ 10421(a), 10510.) Before issuing such an order, “the alleged offending party or attorney must be given notice and an opportunity to be heard.” (Cal. Code Regs., tit. 8, § 10421(a).) Here, we disagree that the Notice of Intent to Sanction provided the offending party with proper notice. First, the notice is buried in a lengthy minute order on the last page. While we understand that the WCJ was providing the procedural landscape to support the NIT, the effect of proper notice is lost. In the minutes for the hearing on June 25, 2026, no record was made nor evidence entered to support the decision that applicant’s counsel acted in bad faith with the intent to delay. This sequence of events creates not only confusion for the person being sanctioned but also is completely devoid of an appropriate record and evidence.
What proof carried it
The evidence the panel weighed, by kind.
No record or evidence was created to support the sanctions or the alleged conduct; the Notice of Intent to Sanction was buried in a lengthy minute order and did not provide proper notice; no testimony or evidence was admitted to support the sanctions.
From the decision · page 6This order was based on a Notice of Intent which issued in the supplemental pages to the Minutes of Hearing dated October 16, 2025. While we are sympathetic to the WCJ’s frustration about the court’s time and resources, in workers’ compensation proceedings, “[d]emurrers, petitions for judgment on the pleadings and petitions for summary judgment are not permitted.” (Cal. Code Regs., tit. 8, § 10515.) Yet, no record was ever created, no evidence was ever admitted, and no testimony was ever given in support of multitude of orders issued here in violation of WCAB Rule 10787. (Cal. Code Regs., tit.
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About this page
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