Bonenfant, Juliette

Attorney Jacob Emrani sought reconsideration of a $1,001 sanction imposed under Labor Code section 5813 and Rule 10421 for filing a substitution of attorney form purportedly without applicant's authorization (her signature was alleged to be forged) and causing delay in approving a compromise and release. Emrani's firm had filed a substitution in 2018 but never filed an opening pleading or notice of representation and never actually represented the applicant, who remained represented by Hugh Bavaro throughout. The Board granted reconsideration and rescinded the sanction order on two independent grounds: (1) the WCJ lacked jurisdiction and statutory authority because Emrani was never a 'party's attorney' subject to the court's jurisdiction, and (2) the order violated due process because the NOI failed to give notice of the various additional grounds relied upon in the final order and the WCJ failed to prepare hearing minutes or a summary of evidence. Because service of the order was defective for lack of jurisdiction, the petition was treated as timely.