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California Labor Code 5813: WCAB Sanctions for Bad-Faith Tactics
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
If your case feels stuck because the other side is playing games, you are not powerless. California workers comp judges have tools for bad-faith conduct. The old 4906.5 label in this URL is an editorial holdover. The current sanctions authority is Labor Code 5813.
That rule can matter when a party or lawyer uses a filing, objection, or hearing tactic only to delay the case or run up costs. It is not for every hard fight. It is for conduct that crosses the line.
What The Rule Does
Labor Code 5813 lets the WCAB punish bad-faith actions, frivolous tactics, and needless delay in a workers comp case.
The workers comp judge may order the party, the attorney, or both to pay reasonable expenses caused by the conduct. Those expenses can include attorney fees and costs. The judge may also add a sanction payable to the state General Fund.
The workers' compensation referee or appeals board may order a party, the party's attorney, or both, to pay any reasonable expenses, including attorney's fees and costs, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay.
What Conduct Can Trigger Sanctions
Sanctions focus on bad-faith litigation conduct, not on a side making a fair legal argument that happens to lose.
Examples can include a baseless petition, a false statement about the record, refusal to follow a judge's order, or repeated discovery games. A carrier can still defend a claim. A worker can still press a disputed issue. The key question is whether the tactic had a real factual or legal basis.
| Issue | Practical meaning |
|---|---|
| Bad faith | Conduct used for an improper purpose, such as delay or harassment. |
| Frivolous tactic | A filing or argument with no fair support in the facts or law. |
| Needless delay | Delay caused by gamesmanship, not normal case timing. |
| Possible order | Costs, attorney fees, and added sanctions under Labor Code 5813. |
Limits Of The Tool
A sanctions request is serious. It works only when the facts show abuse, not ordinary disagreement.
The judge will not punish a lawyer just because the lawyer is difficult, slow, or wrong on one issue. The conduct must be tied to bad faith, a frivolous tactic, or delay for its own sake. That is why the record matters. A clear timeline helps separate normal claim friction from conduct the WCAB can address.
How It Helps An Injured Worker
A sanctions request can create a record and ask the judge to make the other side answer for abusive conduct.
For an injured worker, the point is usually pressure and accountability. The request can show the judge why a delay was unfair. It can also support a separate penalty request when benefits were unreasonably delayed or denied. The sanctions money is not the same thing as disability pay, medical care, or a settlement.
What To Save
Save letters, emails, hearing notices, denial papers, and medical authorization records that show delay or shifting excuses.
Good records matter. Write down who said what, the date, and what happened next. Keep copies of late responses and missed deadlines. If the defense keeps changing its reason, that pattern may matter more than one bad letter.
Injured at work? Call (661) 273-1780
Tap to call →Yazdchi Law reviews sanction issues as part of the whole workers comp case, not as a stand-alone side fight. The question is practical: did the conduct slow medical care, wage checks, a qualified medical evaluator process, or a hearing date?
Sometimes the better step is a focused letter, a request for hearing, or a penalty petition. Sometimes sanctions fit. The choice should match the harm, the proof, and the next benefit the worker needs.
Eman Yazdchi handles California workers comp claims from the firm's Palmdale office and appears in WCAB matters statewide. If bad-faith tactics are affecting your benefits, call the firm today at (661) 273-1780.
Frequently Asked Questions
Is there a current Labor Code section 4906.5?
No current California Labor Code 4906.5 appears in the official code. The sanctions rule for bad-faith workers comp tactics is Labor Code 5813.
Who can be sanctioned in a workers comp case?
The judge may sanction a party, the party's attorney, or both. The order depends on who caused the bad-faith action or delay tactic.
Does every delay lead to sanctions?
No. Some delay comes from normal claim review, missing records, or court calendar limits. Sanctions require bad faith, a frivolous tactic, or needless delay.
Can sanctions pay my medical bills?
No. Medical treatment is handled under the workers comp medical care rules. Sanctions deal with litigation conduct and costs caused by that conduct.
What if the carrier delayed my check?
A delayed check may raise a separate penalty issue. A sanctions request may also fit if the delay came from bad-faith litigation conduct.
Can my own lawyer be sanctioned?
Yes. The rule applies to both sides. Applicant lawyers and defense lawyers must follow the same duty to avoid frivolous or bad-faith tactics.
What proof helps a sanctions request?
Save emails, letters, hearing minutes, denial notices, medical authorization records, and any order the other side ignored. Timelines are often important.
Should I ask about sanctions early?
Yes, if the conduct is affecting benefits or hearings. Early review can help preserve the record and pick the right remedy.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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