Gonzalez Guillermo

In this en banc decision, the WCAB consolidated two cases (involving applicants Guillermo Gonzalez and Jessica Ordenana) to address sanctions and costs against attorney Susan Garrett and non-attorney hearing representative Lance Garrett of Garrett Law Group. In each case, the Garretts had set fee-related disputes (Labor Code section 5710 deposition fees and an attorney fee lien) for trial, then on the morning of trial filed petitions for reconsideration of long-final Orders Approving Compromise and Release, raising the very issues already set for trial, and failed to appear. The Board found this pattern appeared to be a subterfuge designed solely to halt and delay trial proceedings, since filing a petition for reconsideration stays trial-level proceedings. Noting this conduct mirrored conduct in the prior Ledezma en banc decision and at least eight other similar petitions, the Board issued a Notice of Intent to impose sanctions of up to $2,500 per instance against each of Susan Garrett and Lance Garrett (up to $5,000 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.