Sebastian Michel, vs. Sizzler Restaurant Inc.; Federal Insurance Company, C/o Chubb Services Corporation,

This case is about Sebastian Michel, a former employee of Sizzler Restaurant Inc., who claimed to have sustained industrial injuries to his internal, psyche, and diabetes from January 10, 1986 to December 8, 2004 (LAO 860323), to his low back and in the form of diabetes in May 2004 (LAO 852749), and to his low back and in the form of diabetes on December 4, 2004 (LAO 852750). During a mandatory settlement conference on January 15, 2009, Michel's attorney, Jaclyn Shandler, left the courtroom without informing the court, leaving her hearing representative to handle the matter while being supervised by telephone. The court issued a $100.00 sanction against Shandler for her

SIZZLER RESTAURANT INC.; FEDERAL INSURANCE COMPANY, c/o CHUBB SERVICES CORPORATION, SEBASTIAN MICHEL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASEBASTIAN MICHEL, Applicant,vs.SIZZLER RESTAURANT INC.; FEDERAL INSURANCE COMPANY, c/o CHUBB SERVICES CORPORATION, Defendant.Case Nos. ADJ3103384 (LAO 0860323)ADJ1857760 (LAO 0852749)ADJ2595358 (LAO 0852750)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant’s attorney, Shandler & Associates, on its own behalf, seeks reconsideration of the Order of Sanctions issued by a workers’ compensation administrative law judge (WCJ) on January 15, 2009, wherein the WCJ issued a $100.00 sanction pursuant to Labor Code section 59131 against applicant’s attorney for her unavailability throughout the January 15, 2009 mandatory settlement conference (MSC), for leaving the court building without the court’s permission, for leaving the case in the hand of a representative who had not, been qualified pursuant to Appeals Board Rule 10773 (Cal. Code Regs., tit. 8, § 10773), and for many prior problems with attendance and availability. In the underlying matter, applicant claimed that, while employed as a head salad attendant, he sustained industrial injury, to his internal, psyche and diabetes from January 10, 1986 to December 8, 2004 (LAO 860323), to his low back and in the form of diabetes in May 2004 (LAO 852749), and to his low back and in the form of diabetes on December 4, 2004 (LAO 852750).            Applicant’s attorney contends that the WCJ erred in assessing sanctions, arguing that the sanctions order should be stricken because its hearing representative was properly certified 1Unless otherwise stated, all further statutory references are to the Labor Code. , pursuant to Appeals Board Rules. Applicant’s attorney argues that the appearing attorney, Jaclyn Shandler, Esq., should be excused from her non-appearance nunc pro tunc due to illness, and that the Workers’ Co

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