Rexnord Industries, Llc; Corvel Corporation, Wanda Vagt, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWANDA VAGT,Applicant,vs.REXNORD INDUSTRIES, LLC; CORVEL CORPORATION,Defendants.Case No. ADJ10573361(Oxnard District Office)OPINION AND DECISION AFTER RECONSIDERATION AND ORDER IMPOSING SANCTIONS On January 27, 2017, applicant filed a timely Petition for Removal (Petition) of the Order Granting Change of Venue (Order) issued by the workers’ compensation administrative law judge (WCJ) on January 19, 2017. On January 31, 2017, applicant also timely filed a Petition for Reconsideration of the same Order. On April 14, 2017, we issued an Opinion and Decision After Reconsideration and a Notice of Intention to Impose Sanctions of up to $500.00 against the Law Office of Raphael B. Hedwat and Raphael B. Hedwat, Esq., jointly and severally, for filing Petitions that appeared to contain multiple material misrepresentations and take positions that are indisputably without merit. We allowed 10 days, plus five days for mailing (see Cal. Code Regs., tit. 8, § 10507(a}(1)), within which to file a written objection, showing good cause why the sanction should not be imposed. On April 26, 2017, applicant’s attorney filed a document captioned Applicant Attorneys Objection to the Office of Commissioners of the WCAB Notice of Intent to Issue Sanctions (Objection). In the Objection, applicant’s attorney apologizes for using the word “communication” when he meant to include the concept of “notice.” Applicant’s attorney couches his apology in terms of poor word choice, and attributes his actions to unintentional negligence or carelessness, not intentional bad faith. However, applicant’s attorney makes no apology whatsoever for accusing defendant’s attorney of unethical and improper conduct. Applicant’s attorney also fails to explain why he carefully omitted all reference to defendant’s attorney’s email in the original Petitions. Indeed, th
Wanda Vagt, vs. Rexnord Industries, Llc; Corvel Corporation,
is a case in which Wanda Vagt filed a Petition for Removal and a Petition for Reconsideration of an Order Granting Change of Venue issued by the workers' compensation administrative law judge. The Workers' Compensation Appeals Board issued an Opinion and Decision After Reconsideration and a Notice of Intention to Impose Sanctions of up to $500.00 against the Law Office of Raphael B. Hedwat and Raphael B. Hedwat, Esq., jointly and severally, for filing Petitions that appeared to contain multiple material misrepresentations and take positions that are indisputably without merit. The Board allowed 10 days, plus five days for mailing, within which to file a written objection, showing good cause why the sanction should
- Filed On:
- Court: California, Oxnard
- Case No. ADJ10573361
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