Terri Scott — ADJ9671636

Applicant's attorneys (Asvar Law, Christopher Asvar, and Theresia Falter) sought reconsideration of a WCJ's First Amended Order imposing $1,500 in sanctions to the general fund and $6,800 in costs to defendant for allegedly bad-faith conduct in attempting to depose opposing counsel (deputy city attorney Bryant Yip) and conditioning withdrawal of the deposition subpoena on withdrawal of defendant's petition for reconsideration. The WCAB rejected the attorneys' substantive argument that they were entitled to depose opposing counsel, finding that deposing opposing counsel is presumptively improper and that no pending issue justified such discovery given that the underlying 100% disability finding had already been affirmed. However, the Board found the WCJ failed to provide adequate due process by issuing sanctions through a Notice of Intention procedure rather than obtaining a pretrial conference statement and holding a hearing on conduct that occurred outside the court's observation. The Board granted reconsideration, rescinded the sanctions Order, and returned the matter to the trial level for further proceedings and development of the record consistent with due process.