Chris Derboghossian vs. All Tune & Lube; Erie Insurance Company, Adjusted By, Crawford & Company

(MON 0208626)In this case, the Workers' Compensation Appeals Board removed the case to issue a Notice of Intent to impose a sanction of $1,200 against defendant's attorney Michael Mazurek for sending an April 16, 2007 letter to applicant's attorney which threatened to advise his client to not pay any further transportation reimbursement expenses unless the applicant used an inapplicable form. After a Commissioner's Conference, the Appeals Board reduced the sanction to $500 and ordered Michael Mazurek to pay the amount within 20 days. The case was then returned to the trial level for further proceedings.

All Tune & Lube; Erie Insurance Company, adjusted by, Crawford & Company Chris Derboghossian WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRIS DERBOGHOSSIAN, Applicant,vs.ALL TUNE & LUBE; ERIE INSURANCE COMPANY, adjusted by, CRAWFORD & COMPANY, Defendant(s),MICHAEL MAZUREK, Party In Interest.Case No. ADJ3107843 (MON 0208626)OPINION AND DECISION AFTER REMOVAL AND ORDER IMPOSING $500 SANCTION AGAINST MICHAEL MAZUREK            We earlier removed this case to the Appeals Board on our own motion in order to issue a Notice of Intent to impose a sanction of $1,200.00 against defendant’s attorney Michael Mazurek for the reasons set forth in our earlier November 12, 2010 Order Granting Removal, And Notice Of Intent To Impose $1,200 Sanction Against Michael Mazurek (Notice Of Intent), which is incorporated herein by this reference.            Based upon our careful review of the record and Mr. Mazurek’s responses, we conclude as our Decision After Removal that the issuance of a sanction is appropriate, but the amount is reduced from $1,200 to $500.            As discussed in our Notice of Intent, Mr. Mazurek sent an April 16, 2007 letter to applicant’s attorney, which stated in full: “Enclosed is the required standard medical mileage/transportation expense form, which we demand the applicant use in requesting transportation reimbursement expenses from this day forward. Failure to do so will result in objection for non-compliance as well as my advising my client to not pay any further transportation ,  reimbursement expenses until full compliance is met. I will also file a Declaration of Readiness to Proceed and litigate this issue.” (Emphasis in original.)            The form Mr. Mazurek enclosed with his April 16, 2007 letter was intended to be used by an injured worker to claim mileage reimbursement for attending medical appointments, and was not reasonably applicable to the transportation due applicant pursuant to the earlier transportation award. Applicant

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