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THE ARGUMENT (1) its failure to appear at the conference did not constitute a bad faith action in violation of Labor Code §5813 because it had timely paid the QME and there was no longer any issue, (whoops, they admitted earlier they were 5 months late)(2) the sanction order was not justified by the evidence, (whoops, the only evidence was the proof service that was not contested) (3) the order was in excess of the powers of the WCJ, and ( Yikes, Judges can not issue Sanctions!) (4) filing and prosecuting liens is simply a part of the cost of doing business so awarding sanctions to a QME gives the doctor an undeserved windfall. (Whoa, take a look to see what the judge says Citation )
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