Abel Hidalgo

The WCAB, sitting en banc, consolidated three cases (Abel Hidalgo, Maria Ayala, and Marta Meza) all involving the same representation by attorney Susan Garrett and non-attorney hearing representative Lance Garrett of Garrett Law Group. In each case, the representatives objected to trial settings, then filed petitions for reconsideration (in the alternative for removal) on or near the morning of trial—from interlocutory orders setting matters for trial—and then failed to appear at trial. The Board determined that orders setting matters for trial are not final orders subject to reconsideration, and that the petitions appeared to be filed solely to delay proceedings (since filing reconsideration halts trial-level proceedings under Rule 10961). The Board issued a Notice of Intent to impose sanctions up to $2,500 per instance against each of Susan Garrett and Lance Garrett (up to $7,500 each total), plus reasonable expenses including attorney's fees and costs. The Garretts were given 20 days plus 5 for mailing to file written objections demonstrating good cause.