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PanelLienGranted

Gutierrez, Jose

JOSE GUTIERREZ, Applicant vs. GLASSWERKS LA, INC. CO./AVALON GLASS AND MIRROR, insured by SAFETY NATIONAL INSURANCE COMPANY, administered by MATRIX ABSENCE MANAGEMENT, Defendants

ADJ number: ADJ13614921
Decision date: Sep 11, 2023
District office: Long Beach
WCJ: —
Claim administrator: Matrix Absence Management (administering for Safety National Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5813LC §5313CCR §10421

Summary

A lien claimant's representative, Patrick Petronella (of United Services Plus), was sanctioned $1,000 by a WCJ under Labor Code section 5813 for allegedly demonstrating a pattern of failing to appear or appearing late at lien proceedings, including appearing 45 minutes late at an April 17, 2023 lien conference and failing to appear at a separate April 11, 2023 lien trial. The WCJ denied Petronella's request for a hearing before imposing sanctions. On reconsideration, the WCAB granted relief, finding the Sanction Order violated due process because Petronella was denied a fair opportunity to be heard and the order lacked an adequate evidentiary record. The Board rescinded the Sanction Order and returned the matter to the trial level, while noting the WCJ may issue a new compliant Notice of Intent to Sanction.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.