Alfredo Ledezma

In this en banc decision, the WCAB consolidated eight cases involving attorney Susan Garrett and hearing representative Lance Garrett of Garrett Law Group, who engaged in a pattern of requesting trial continuances, then filing petitions for reconsideration of orders denying continuances on or near the day of trial, and then failing to appear at trial. The Board found this conduct appeared designed to halt trial proceedings, since filing a petition for reconsideration suspends action at the trial level under CCR section 10961. The Board issued an Order of Consolidation and a Notice of Intent to Impose Sanctions under Labor Code section 5813, proposing sanctions of up to $2,500 per instance (up to $20,000 total) against each of Susan Garrett and Lance Garrett, plus reasonable expenses including attorney's fees and costs. The Board emphasized that orders denying continuances and orders setting trial are non-final, interlocutory orders that are properly challenged by removal, not reconsideration. The Garretts were given 20 days plus 5 for mailing to file written objections.