Micaela Llamas vs. Guild, Inc.; State Compensation Insurance Fund; Employers Comp Glendale

(LBO 0332583) In this case, Elena Konstat, Ph.D., sought reconsideration of an April 28, 2014 Order Imposing Sanctions, Attorney Fees and Costs issued by a workers' compensation administrative law judge (WCJ). The WCJ had issued a sanction of $2,500.00, jointly and severally, against lien claimant and her former hearing representative, Marialouisa Lizarraga, and ordered them to pay $1,012.50, jointly and severally, to defendant, State Compensation Insurance Fund (SCIF), as reasonable attorney fees and costs. After reconsideration, the WCJ's decision was affirmed, except that the attorney fees and costs were vacated and the

Guild, Inc.; State Compensation Insurance Fund; Employers Comp Glendale Micaela Llamas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA                MICAELA LLAMAS, Applicant,    vs.    GUILD, INC.; STATE COMPENSATION INSURANCEFUND;EMPLOYERSCOMP GLENDALE, Defendants.        Case No. ADJ2994393 (LBO 0332583)            OPINION AND DECISION AFTER RECONSIDERATION     We previously granted lien claimant’s Petition for Reconsideration to further study the factual    and legal issues in this case. This is our Opinion and[justify]Decision After Reconsideration. Lien claimant    Elena Konstat, Ph.D., through her representative, Leonora Kapelnikov, sought reconsideration of the    April 28, 2014 Order Imposing Sanctions, Attorney Fees and Costs issued by a workers’ compensation    administrative law judge (WCJ), wherein the WCJ issued a sanction of $2,500.00, jointly and severally,    against lien claimant and her former hearing representative, Marialouisa Lizarraga. The WCJ also    ordered lien claimant and Ms. Lizarraga to pay $1,012.50, jointly and severally, to defendant, State    Compensation Insurance Fund (SCIF), as reasonable attorney fees and costs. Previously, on January 21,    2014, the WCJ issued a Notice of lntention (NIT) to impose sanctions and costs against lien claimant and    her representative for insisting on trial without probative evidence to prove her claim.    [/justify] Lien claimant contended, in essence, that she was denied due process, arguing that there was a    legitimate legal dispute regarding the lien; that[justify]defendant never served applicant’s complete medical file;    that she was not served with the Compromise and Release until after the lien conference; and that    [/justify][justify]$2,500.00 in sanctions, plus attorney fees and costs, was a disproportionate punishment for proceeding to    trial. No Answer was received.    [/justify] The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report),    re

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