Marason, Joan

Lien claimant representative Alex Kauffman sought reconsideration of a December 17, 2024 F&O imposing $250 in monetary sanctions for disruptive and unprofessional conduct (repeatedly interrupting the WCJ and refusing to stop) at a June 24, 2024 lien conference. The only evidentiary basis for the sanctions was the WCJ's own minute reflection, and defendant had been excused from the sanctions proceedings, leaving no other testimony. The Appeals Board found that because the WCJ was the sole source of evidence and was now effectively a potential witness, a reasonable person could entertain doubts about the trier of fact's impartiality, raising due process concerns. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings, including augmentation of the record and reconsideration of whether admonishment or sanctions are appropriate.