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PanelGranted

Silva, Luis

LUIS SILVA, Applicant vs. NANCE CORPORATION dba BOB’S TIRE CENTER; MARKEL SERVICE, INC. dba MARKEL INSURANCE SERVICES, Defendants

ADJ number: ADJ13725819
Decision date: Date unavailable
District office: Redding
WCJ: —
Claim administrator: Markel Service, Inc. dba Markel Insurance Services
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: headaches, breathing problems, lungs/respiratory system, lungs, gastrointestinal, psyche, COVID

LC §5813LC §3202LC §4620LC §4904LC §4903LC §4906LC §5700LC §4907CCR §10109CCR §10400CCR §10402CCR §10752CCR §10305CCR §10421CCR §10545

Summary

Applicant's attorney sought reconsideration of two Orders (July 13 and July 20, 2023) assessing expenses and sanctions under Labor Code section 5813 against the law firm Solov Teitell for failing to appear at the July 12, 2023 trial. Applicant himself appeared, but no attorney from the firm did, and the WCJ issued sanctions sua sponte one day later without notice or hearing. The WCAB held that because applicant appeared, the appearance requirement was satisfied, and that a legal entity (a law firm) cannot 'fail to appear' since appearances and sanctions must be tied to a natural person. The Board further found the WCJ failed to provide notice and an opportunity to be heard as required by WCAB Rule 10421 and due process. The Board granted reconsideration, rescinded both Orders, and returned the matter to the WCJ.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.