WCPanelIQ
En BancGranted

Abel Hidalgo August

ABEL HIDALGO, et al., Applicants vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al., Defendants

ADJ number
—
Decision date
Aug 6, 2024
District office
Los Angeles
WCJ
Robert Rassp
Claim administrator
Sedgwick (administering for Roman Catholic Archbishop, permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §5813LC §5310LC §5814LC §115CCR §10325CCR §10421CCR §10961CCR §10605CCR §10600

Summary

In this en banc decision after removal, the WCAB addressed sanctions and costs under Labor Code section 5813 against attorney Susan Garrett and hearing representative Lance Garrett of the Garrett Law Group. In three consolidated cases, Lance Garrett signed petitions for reconsideration (verified by Susan Garrett) that were filed on or near the eve of trial, halting trial proceedings as a delay tactic, after which they failed to appear. The Board had issued a Notice of Intent to impose sanctions, to which neither Garrett responded. Finding the petitions were filed with willful intent to disrupt or delay proceedings and were indisputably without merit, the Board imposed $2,500 in sanctions per case against each Garrett (totaling $7,500 each, $15,000 total) plus reasonable expenses including attorney's fees and costs, with the amount of those expenses deferred to the trial level before PJ Robert Rassp.

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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