Home/Case Law/MORA-PEREZ, RICARDO vs. NATURE FIRST TREE CARE, INC., ACE AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

MORA-PEREZ, RICARDO vs. NATURE FIRST TREE CARE, INC., ACE AMERICAN INSURANCE COMPANY

Filed: Nov 27, 2017
San Jose
ADJ10107710

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of an order sanctioning applicant's attorney $$ 250.00$ and awarding attorney fees to the defendant. The sanctions were imposed due to the applicant's attorney failing to appear at a status conference. Applicant's counsel argued they reasonably believed the conference had been taken off calendar, but the majority found this belief was not a sufficient excuse. One Commissioner dissented, believing the attorney acted without bad faith and should have been admonished rather than sanctioned.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of an order sanctioning applicant's attorney $$ 250.00$ and awarding attorney fees to the defendant. The sanctions were imposed due to the applicant's attorney failing to appear at a status conference. Applicant's counsel argued they reasonably believed the conference had been taken off calendar, but the majority found this belief was not a sufficient excuse. One Commissioner dissented, believing the attorney acted without bad faith and should have been admonished rather than sanctioned.

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