SUPERIOR CARPET WORKS, INC.; PREFERRED EMPLOYERS FRANCISCO FLORES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCISCO FLORES, Applicant,vs.SUPERIOR CARPET WORKS, INC.; PREFERRED EMPLOYERS, Defendants.LAW OFFICES OF JOHN A. MENDOZA, Party-in-interest.Case No. ADJ7836773(San Bernardino District Office)OPINION AND DECISION AFTER RECONSIDERATION We earlier granted the petition of the Law Offices of John A. Mendoza (petitioner) for reconsideration of the April 19, 2012 Order Re: Sanctions For Failure To Fully Respond To Order And Failure To Comply With Rules (Sanction Order) of the workers’ compensation administrative law judge (WCJ or WCALJ) who found that the “actions of the Law Offices of John A. Mendoza in this matter have resulted in the waste of valuable court time and resources,” and ordered petitioner to pay sanctions in the amount of $500.00. Petitioner contends that it was not afforded due process and that the sanction is not justified because it was not bad faith to seek payment of attorney’s fees for attending applicant’s deposition as noticed by defendant and as authorized by Labor Code section 5701.BACKGROUND In our July 9, 2012 Opinion And Order Granting Reconsideration And Notice Of Intention To Impose Sanctions Against Law Offices Of John A Mendoza (July 9, 2012 NIT) we granted reconsideration in order to notice our intention to impose additional sanctions of up to $1,500 against petitioner for misrepresenting facts in the Petition For Reconsideration and for violating Appeals Board , Rule 10842 by attaching copies of documents to the Petition For Reconsideration consistent with the recommendation of the WCJ in his Report and Recommendation on Petition for Reconsideration (Report) as follows: “The undersigned WCALJ would specifically point out that applicant’s attorney’s ‘Petition to [sic] Reconsideration’ contains misrepresentations, deceptively-presented facts and substantially conceals material facts
FRANCISCO FLORES vs. SUPERIOR CARPET WORKS, INC.; PREFERRED EMPLOYERS
: This case involves Francisco Flores, an applicant, and Superior Carpet Works, Inc. and Preferred Employers, defendants. The Law Offices of John A. Mendoza, a party-in-interest, was ordered to pay sanctions in the amount of $500 for wasting court time and resources. After reconsideration, the Appeals Board affirmed the order and increased the sanctions to $1,250.
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ7836773
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