DISCOVERY - SANCTIONS FOR NON-COMPLIANCE
CAL. CODE REGS, tit. 8, § 371.1 (2002) - The Appeals Board declined to impose sanctions on the Division for its failure to include photographic evidence with the documents provided to Employer. The omission was not intentional and did not prejudice Employer's case.
DEFENSE - INDEPENDENT EMPLOYEE ACTION
The Appeals Board agreed with the ALJ that Employer failed to effectively enforce its safety program, as shown by the lack of supervision over workers at its job site. This element of the defense was not met and, t