Del Rio Golf & Country Club; Care West Insurance Company, Adjusted By Pegasus Risk Management, Aurelio Perez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAURELIO PEREZ,Applicantvs.DEL RIO GOLF & COUNTRY CLUB; CARE WEST INSURANCE COMPANY, Adjusted By PEGASUS RISK MANAGEMENT,Defendant.Case Nos. ADJ8975085ADJ8975086(Stockton District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the February 23, 2017 Findings and Order (F&O), wherein the workers’ compensation administrative law judge (WCJ) found that applicant’s attorney had violated Labor Code section 5813 and WCAB Rule 10561, and sanctioned applicant’s attorney $350.00 therefor. Defendant contends that the WCJ erred in not addressing whether applicant’s attorney’s conduct justified a finding of violation of Labor Code section 4062.3. We have reviewed applicant’s Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration ( Report), recommending that the Petition for Reconsideration (Petition) be dismissed as to reconsideration and denied as a petition for removal. We have considered the Petition, the Answer, and the contents of the Report, and we have reviewed the record in this matter. For the reasons discussed below, we will grant reconsideration, vacate the WCJ’s F&O, and return this matter to the trial level for further proceedings and a new decision by the WCJ. The F&O does not mention applicant’s attorney by name. Instead, it states that “Applicant’s attorney violated Labor Code section 5 813 and Regulation 10561 as set out in the Opinion on Decision” and orders that “Applicant’s Attorney be and hereby is sanctioned $350.00 per Labor Code section 5813.” In turn, the accompanying Opinion on Decision refers throughout to “Applicant’s attorney” or , “Applicant’s counsel.” An order of sanctions must identify the individual being sanction
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