Trinidad Hernandez vs. Oreco Dust Systems, Ulico Casualty Company

This case involves a dispute between Trinidad Hernandez, the applicant, and Oreco Dust Systems and Ulico Casualty Company, the defendants. The Workers' Compensation Appeals Board issued a Notice of Intention to Impose Sanctions of $250.00 against applicant counsel, Peter T. Brown, for filing a skeletal and untimely petition for reconsideration of the Findings of Award issued by a workers' compensation arbitrator. Peter T. Brown failed to provide good cause to the contrary, and the Workers' Compensation Appeals Board imposed sanctions in the amount of $250.00.

Oreco Dust Systems, Ulico Casualty Company Trinidad Hernandez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATRINIDAD HERNANDEZ, Applicant,vs.ORECO DUCT SYSTEMS, ULICO CASUALTY COMPANY, Defendants.Case No. ADJ2064794 (LAO 0792410)OPINION AND ORDER IMPOSING SANCTIONS (LABOR CODE § 5813)            On March 14, 2011, we issued a Notice of Intention to Impose Sanctions of $250.00 against applicant counsel, Peter T. Brown, absent a timely objection in which good cause to the contrary was set forth, for filing a skeletal and untimely petition for reconsideration of the Findings of Award issued by a workers’ compensation arbitrator on December 8, 2010. Our Notice of Intention to Impose Sanctions gave Peter T. Brown, fifteen (15) days plus an additional five (5) days for mailing within which to register a good cause objection to the imposition of sanctions.            Peter T. Brown has an opportunity to justify the filing of a skeletal and untimely petition and has failed to do so. We determine that a sanction in the amount of $250.00 is justified.            Therefore, for the reasons previously stated in the Notice of Intention to Impose Sanctions dated March 14, 2011, sanctions are assessed against Peter T. Brown, in the amount of $250.00.            For the foregoing reasons,            GOOD CAUSE APPEARING, ,             IT IS ORDERED that Peter T. Brown, pay sanctions in the amount of $250.00, payable by check to “Workers’ Compensation Appeals Board.” The firm subject to the sanction, case name and case number shall be placed in the information portion of the check, and the check shall be mailed with a copy of this Order to:RICK DIETRICHSecretary and Deputy CommissionerWORKERS’ COMPENSATION APPEALS BOARDP.O. Box 429459San Francisco, CA 94142-9459Attn: ANNETTE L. GABRIELLIWORKERS’ COMPENSATION APPEALS BOARD_______________________________________DEIDRA E. LOWEI CONCUR,_______________________________________RONNIE G. CAPLANECONCURRING, BUT NOT SIGNING_______

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