Emmanuel Arguello — ADJ21873454, ADJ17550375

Defense counsel Anna Ghajar and the firm Dietz, Gilmor & Chazen sought reconsideration of a WCJ's August 14, 2026 order sanctioning them $500 for allegedly misstating the law in a Motion to Quash a records subpoena, specifically by arguing that a subpoena duces tecum must be accompanied by a good faith affidavit. The applicant, a Super King Market cashier, claimed an industrial heart attack. The WCJ based sanctions on CCP 1985.6, reasoning the affidavit requirement did not apply to workers' compensation cases. The Appeals Board granted reconsideration, finding that defense counsel's argument—grounded in CCP 1985(b) and WCAB Rule 10640 which expressly incorporates section 1985—was not frivolous or in bad faith, even if ultimately unpersuasive under Terry v. Slico and Voelker. The Board rescinded the sanctions order and discharged the Notice of Intention to Impose Sanctions, while reminding counsel of their duty of candor under Business and Professions Code section 6068(d).