WCPanelIQ
PanelQMEMed-legalLienGranted

Ledezma, Alfredo, et al.

ALFREDO LEDEZMA, et al., Applicants vs. KAREEM CART COMMISSARY AND MFG; STATE COMPENSATION INSURANCE FUND, et al., Defendants

ADJ number
ADJ15382349
Decision date
Apr 9, 2024
District office
—
WCJ
—
Claim administrator
State Compensation Insurance Fund; Clarendon National Insurance Co.; Travelers; Hartford; Starr Specialty Insurance Co.; Indemnity Insurance Co. of North America; ESIS
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: hands, fingers, back, shoulders, neck, left shoulder, arms, wrists, feet, right shoulder, right arm, chest, anxiety, headaches, knees, legs, head, right hand, diabetes, eyes, bilateral thumbs, respiratory system, left arm, heels

LC §5813LC §115LC §5700LC §4907LC §5900LC §5902LC §5903CCR §10325CCR §10396CCR §10401CCR §10421CCR §10605CCR §10600CCR §10745CCR §10748CCR §10751CCR §10752CCR §10961

Summary

In this en banc decision, the WCAB consolidated eight cases involving applicant attorney Susan Garrett and non-attorney hearing representative Lance Garrett of Garrett Law Group. The Board found an apparent pattern across all cases in which the Garretts sought last-minute trial continuances due to calendar conflicts, then—after denial—filed 'Petition for Reconsideration or in the alternative Petition for Removal' on or near the day of trial from non-final orders (orders setting trial or denying continuances), and then failed to appear at trial. Because filing a petition for reconsideration halts proceedings at the trial level under CCR 10961, the Board concluded the petitions appeared to be filed solely to delay trial, constituting bad-faith tactics sanctionable under Labor Code section 5813. The Board issued a Notice of Intent to impose sanctions of up to $2,500 per instance (up to $20,000 total each) separately against Susan Garrett and Lance Garrett, plus reasonable expenses including attorney's fees and costs, giving them 20+5 days to object.

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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