Hernandez, Jose Antonio

Joyce Altman Interpreters, Inc., a cost petitioner that provided translation services for a Compromise and Release, sought reconsideration of a September 21, 2023 Minute Order in which the WCJ dismissed its section 5813 Petition for Sanctions and Costs for non-appearance and verbally announced an intent to sanction the interpreter's representative, Mr. Alcala, $2,000 for failing to appear via Lifesize video. The cost petitioner argued it was denied due process because its representative had unsuccessfully attempted to join the hearing and was given no opportunity to be heard on the merits, to object to sanctions, or to object to the assigned WCJ. The Appeals Board held that the WCJ failed to issue a required notice of intention (NIT) before dismissing the petition, in violation of WCAB Rules 10755 and 10832 and due process principles. The Board also found that the WCJ's verbal indication of intent to sanction was insufficient because no proper NIT to sanction was issued and served. The Board granted reconsideration, rescinded the Minute Order, recused WCJ Szelenyi, and returned the matter for reassignment to a new WCJ.