WCPanelIQ
PanelGranted

Gonzalez, Guillermo, et al.

GUILLERMO GONZALEZ, et al., Applicants vs. THE BICYCLE CASINO; ARCH INDEMNITY INS. CO., administered by GALLAGHER BASSETT, et al., Defendants

ADJ number
ADJ12226694
Decision date
Aug 6, 2024
District office
Los Angeles
WCJ
Robert Rassp
Claim administrator
Gallagher Bassett (administering Arch Indemnity Ins. Co.)
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

In this en banc decision after removal, the WCAB addressed sanctions and costs under Labor Code section 5813 against attorney Susan Garrett and hearing representative Lance Garrett of the Garrett Law Group. The Board found that Lance Garrett signed and Susan Garrett verified petitions for reconsideration filed on the morning of trial in two separate matters, solely to delay trial proceedings without any advance notice to the court, opposing counsel, or witnesses. After issuing a Notice of Intent to which neither party responded, the Board concluded the petitions were indisputably without merit and filed with willful intent to disrupt or delay proceedings. The Board imposed sanctions of $2,500 per case against each of Susan Garrett ($5,000 total) and Lance Garrett ($5,000 total), payable to the General Fund. The Board also ordered reasonable expenses, including attorney's fees and costs, with the amount deferred to the trial level before PJ Robert Rassp at the Los Angeles District Office.

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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