Garcia, Nora Gonzalez

Applicant's attorney Andy Szeto and his firm Shatford Law sought reconsideration of a January 16, 2023 WCJ Order that disbursed $960.00 in withheld attorney's fees (representing an additional 4% above the 12% approved fee) to the applicant rather than to counsel, and that dismissed a notice of intention to impose sanctions for failure to appear at an MSC. Szeto argued the Order lacked evidentiary support and violated his due process rights because he did not receive notice of the MSC or the NOI. However, in a January 14, 2023 email, Szeto had stated that if the matter were not reset for hearing he would accept the reduced attorney fees and requested dismissal of sanctions. The Board found that by agreeing to and requesting the precise terms reflected in the Order, Szeto waived or invited any alleged error under the doctrines of waiver and invited error. The Board denied reconsideration.