Alsco, Inc.; Gallagher Bassett Cruz Barajas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACRUZ BARAJAS, Applicant,vs.ALSCO, INC.; GALLAGHER BASSETT, Defendants.Case No. ADJ2828563 (LBO 0362274) OPINION AND ORDERS DENYING REMOVAL, GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks removal of the September 26, 2012 Order wherein the workers’ compensation administrative law judge (WCJ) denied applicant’s Petition to Change Venue. Applicant contends, in essence, that the proper venue is Orange County and that applicant is prejudiced by the Long Beach venue. In a separate petition, applicant’s attorney, Sunil Shah, seeks reconsideration of the October 18, 2012 Order wherein the WCJ imposed a sanction of $1,000.00 against him pursuant to Labor Code section 5813(b). Applicant’s attorney contends that the WCJ erred in imposing a sanction, arguing that his conduct does not warrant a sanction in that amount. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an answer from defendant. The WCJ prepared a Report and Recommendation on Petition for Removal and Reconsideration recommending that we deny reconsideration of the October 18, 2012 Order and deny removal of the September 26, 2012 Order. For the reasons discussed by the WCJ in his Report, which we adopt and incorporate by reference, we will deny removal of the September 26, 2012 Order and affirm the award of a sanction. For the reasons discussed below, we will reduce the amount of the sanction to $800.00. While we do not condone Mr. Shah’s behavior in this case, we are not aware of previous sanctions against Mr. Shah. In the future, we urge Mr. Shah to ascertain if a trial date is on calendar , upon undertaking representation of an applicant. As applicant’s counsel noted in his Petition for Reconsideration, lack of “diligence in preparing for trial invites malpr
Cruz Barajas vs. Alsco, Inc.; Gallagher Bassett
In this case, the Workers' Compensation Appeals Board denied the applicant's petition for removal of the September 26, 2012 Order, granted the applicant's attorney's petition for reconsideration of the October 18, 2012 Order, and reduced the amount of the sanction to $800.00. The Board found that the applicant's attorney had not been previously sanctioned and urged him to be more diligent in the future.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ2828563
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.