Daniel Escamilla, Respondent

In this en banc decision, the WCAB exercised its authority under Labor Code section 4907 to suspend Daniel Escamilla, a nonattorney hearing representative who primarily represented lien claimants, from appearing before the WCAB for 90 days. The Board found good cause based on 11 prior cases in which Escamilla was sanctioned under section 5813 and WCAB Rule 10561 for bad-faith, frivolous conduct, including filing successive untimely petitions, misrepresenting material facts, and continuing to litigate settled claims. Escamilla raised numerous constitutional and procedural defenses—vagueness, equal protection, double jeopardy, due process, free speech, statute of limitations, and the Hustedt decision—all of which the Board rejected. The Board concluded that monetary sanctions had proven ineffective in correcting Escamilla's pattern of misconduct, and that his defense of willful ignorance of basic workers' compensation law was tantamount to bad faith. The suspension was ordered to commence 45 days from the filing of the order.