CompFox AI Summary
This case involves a workers' compensation attorney seeking reconsideration and removal of a $200 sanction imposed by a WCJ for missing a mandatory settlement conference. The attorney argued he lacked due process and had a valid reason for his absence, including an agreement with opposing counsel for a continuance and his client being out of the country. The Board dismissed the removal petition as the order was final and denied reconsideration, adopting the WCJ's reasoning that the attorney failed to properly request a continuance and instead unilaterally decided not to attend. A dissenting commissioner argued sanctions were not warranted as the attorney's actions did not rise to the level of bad faith, frivolous tactics, or unnecessary delay, citing the agreement with opposing counsel and no prior history of similar conduct.
Full Decision Text1 Pages
This case involves a workers' compensation attorney seeking reconsideration and removal of a $200 sanction imposed by a WCJ for missing a mandatory settlement conference. The attorney argued he lacked due process and had a valid reason for his absence, including an agreement with opposing counsel for a continuance and his client being out of the country. The Board dismissed the removal petition as the order was final and denied reconsideration, adopting the WCJ's reasoning that the attorney failed to properly request a continuance and instead unilaterally decided not to attend. A dissenting commissioner argued sanctions were not warranted as the attorney's actions did not rise to the level of bad faith, frivolous tactics, or unnecessary delay, citing the agreement with opposing counsel and no prior history of similar conduct.
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