C.M. WADE CONSTRUCTION; GUARD INSURANCE ARTURO NAVARRO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARTURO NAVARRO, Applicant,vs.C.M. WADE CONSTRUCTION; GUARD INSURANCE, Defendants.KENNETH MARTINSON, ESQ., Applicant’s Attorney and Party-In-Interest,Case Nos. ADJ7599911ADJ7993712(San Francisco District Office)OPINION AND DECISION AFTER RECONSIDERATION We earlier granted reconsideration of the workers’ compensation administrative law judge’s (WCJ) March 22, 2012 Order Imposing Sanctions Against Applicant’s Attorney (Order) wherein the WCJ ordered applicant’s attorney Kenneth Martinson, Esq., to pay a $500 sanction. Applicant claims to have incurred industrial injury while working for defendant as a heavy truck loader or laborer. Mr. Martinson contends that the sanction Order is based upon mistaken facts and that it was improperly issued. He further petitions for disqualification of WCJ Succa who issued the sanction Order, alleging that there is an appearance of bias against him. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report). Applicant requested to file a response to the Report. Such a response is unnecessary to our consideration of the issues and applicant’s request to file a response to the Report is denied. (Cal. Code Regs., tit. 8, § 10848 [“Responses other than the answer shall be considered only when specifically requested or approved by the Appeals Board.”].) The March 22, 2012 Order is rescinded as our Decision After Reconsideration. The WCJ was unaware of the objection filed by Mr. Martinson in response to her notice of intention to impose , sanctions at the time she issued the sanction Order, and we are persuaded by that response to exercise ourdiscretion and rescind the sanction. The petition to disqualify WCJ Succa is denied. The record before us raises questions about the conduct of several individuals during the February 12, 2012 pretrial conference,
ARTURO NAVARRO vs. C.M. WADE CONSTRUCTION; GUARD INSURANCE
, ADJ7993712: In this case, Arturo Navarro was represented by two attorneys, Matthew Buzzell and Kenneth Martinson, in two separate workers' compensation claims. The WCJ issued a sanction order against Martinson for failing to provide proof of service of the dismissal of Buzzell. After reconsideration, the WCJ rescinded the sanction order as the response to the proposed sanction was not received or considered before the order was issued. The petition to disqualify the WCJ was denied, but the WCJ was urged to determine if she could proceed without bias and to state her determination on the record.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7599911
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