WCPanelIQ
PanelGranted

Hidalgo, Abel et al.

ABEL HIDALGO, et al., Applicants vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al., Defendants

ADJ number
ADJ13332737
Decision date
Aug 6, 2024
District office
Los Angeles
WCJ
Robert Rassp
Claim administrator
Sedgwick (administrator for Roman Catholic Archbishop, permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §5813LC §5814LC §5310LC §115CCR §10421CCR §10325CCR §10961CCR §10605CCR §10600

Summary

The WCAB, sitting en banc, granted removal on its own motion to address sanctions and costs under Labor Code section 5813 against attorney Susan Garrett and hearing representative Lance Garrett of Garrett Law Group. In three consolidated cases, the Garretts objected to setting matters for trial and then, on the eve or morning of trial, filed petitions for reconsideration that immediately halted trial proceedings, after which they failed to appear. The Board found, based on the timing and pattern of conduct, that the petitions were filed solely to delay proceedings and were indisputably without merit. Neither Garrett responded to the June 17, 2024 Notice of Intent to Impose Sanctions. The Board imposed $2,500 sanctions against each of Susan Garrett and Lance Garrett in each of the three cases ($7,500 each, $15,000 total) payable to the General Fund, plus reasonable expenses including attorney's fees and costs, with the amount of expenses deferred to the trial level before PJ Robert Rassp.

Issues

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Holding

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Analysis

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Defense takeaway

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