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Charles Malinowski vs. Hsm Electronic Protection Services, Inc.; Specialty Risk

HSM Electronic Protection Services, Inc.; Specialty Risk Charles Malinowski WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLES MALINOWSKI, Applicant,vs.HSM ELECTRONIC PROTECTION SERVICES, INC.; SPECIALTY RISK, Defendants.Case No. ADJ6849643 (San Luis Obispo District Office)OPINION AND DECISION AFTER REMOVAL AND ORDER IMPOSING SANCTION (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10561)            We previously granted removal and issued a Notice of Intention to Sanction Defendant. This is our Opinion and Decision After Removal.            We granted removal on May 20, 2013, for the limited purpose of issuing a Notice of Intention to Impose a Sanction. In our opinion, we stated our intention to impose a sanction, jointly and severally, on HSM Electronic Protection Services, Specialty Risk Services, Sukhvinder Tony Kahira, and Lewis Brisbois Bisgaard & Smith LLP in an amount of up to $1,500.00, pursuant to section 5813 and AppealsBoard Rule 10561 (Cal. Code Regs., tit. 8, § 10561). We gave 15 days from service of that Notice to file written objections showing good cause why a sanction should not issue, extended by five calendar days for mailing. (Cal. Code Regs., §§ 10561(a), 10507(a)(1).) We have received a written objection wherein defense counsel contends that there was a possible basis for filing a petition for reconsideration. While we reiterate the petition for reconsideration was improperly filed, after considering the effort expended by counsel in his response, we will reduce the amount of the sanction to $100.00. In the future, we trust that Mr. Kahira will only file petitions for reconsideration of final orders.            For the reasons given in our May 20, 2013 Notice, which we hereby adopt and incorporate by reference, we will sanction HSM Electronic Protection Services, Specialty Risk Services, Sukhvinder Tony Kahira, and Lewis Brisbois Bisgaard & Smith LLP jointly and severally, in the amount of $100.00. (See Lab. Code, § 5813; Cal. Code

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