Ruiz, Damaso

Damaso Ruiz claimed industrial injury while employed by G&M Oil Company; the case settled by Compromise and Release in 2016. Cost petitioner Santana Lopez and Associates (dba Central Coast Interpreters) sought payment via Petitions for Costs for interpreting services at a January 13, 2015 deposition and an April 2015 QME. After trial, the WCJ found defendant owed no Section 5811 costs, voided the interpreting contracts on grounds of mutual mistake of material fact, and sanctioned attorneys for both defendant and cost petitioner under WCAB Rule 10421(b). Defendant sought reconsideration of the sanctions. The Appeals Board granted reconsideration, rescinded the F&O, and remanded, finding the WCJ imposed sanctions without a notice of intention or opportunity to be heard (violating due process) and that the record lacked substantial evidence to support the mutual-mistake/contract-voiding finding (the contract was never entered into evidence).