Escamilla Daniel3

Daniel Escamilla, a non-attorney representative facing potential suspension or removal of his privilege to appear before the WCAB under Labor Code section 4907, filed two petitions in this en banc proceeding. The first sought an order compelling the Board to produce all case documents relating to eleven sanctions orders being used against him; the second objected to and sought removal of a WCJ's order requiring a written offer of proof for his anticipated witnesses, sought a ruling on his production petition, and sought clarification of the issues, including whether his moral character was at issue. The Board found that no production order was necessary because the exhibits to the Notice of Hearing were already provided to Escamilla, the cases involved matters in which he participated, and he had independent access to adjudication files under Court Administrator Rule 10270. The Board further found his substantive challenge to the offer-of-proof order untimely under Rule 10843(a) and rejected his claim of inadequate notice, holding that only his pattern of conduct under section 4907 (not his moral character) was at issue. The Board denied both petitions.