MICHAEL DE SANTIAGO vs. ST, JOHN’S COMPANY; FEDERAL INSURANCE COMPANY

is a case in which Michael De Santiago, the applicant, appealed a decision by the Workers' Compensation Appeals Board (WCAB). The WCAB found that De Santiago was employed as an indoor salesman, occupational group number 212, on November 1, 2010, when he sustained industrial injury to his lumbar spine. The WCAB also imposed a sanction of $400.00 against applicant's attorney, Ronald J. Nolan and the Law Offices of Ronald J. Nolan, for filing a petition for reconsideration without any reasonable justification for misstatements regarding the record in this case.

ST, JOHN’S COMPANY; FEDERAL INSURANCE COMPANY MICHAEL DE SANTIAGO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL DE SANTIAGO, Applicant,vs.ST, JOHN’S COMPANY; FEDERAL INSURANCE COMPANY, Defendants.Case No. ADJ7873127(Van Nuys District Office)OPINION AND DECISION AFTER RECONSIDERATION AND ORDER IMPOSING SANCTIONS(Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10561)            On May 8, 2012, we granted applicant’s Petition for Reconsideration, and pursuant to a grant of authority under section 5813 and Appeals Board Rule 10561 (Cal. Code Regs., tit. 8. § 10561), we also issued a notice of our intention to impose a sanction of $400.00, jointly and severally against applicant’s attorney, Ronald J. Nolan and the Law Offices of Ronald J. Nolan. We allowed 15 days, plus five days for mailing, in which to file an objection showing good cause as to why we should not impose the sanction. As explained in our May 8, 2012 Opinion and Order Granting Petition for Reconsideration; Notice of Intention to Impose Sanctions (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10561), which we incorporate herein, the basis for our notice of intention to impose a sanction was to address applicant’s counsel’s contentions regarding the contents of the Pre-Trial Conference Statement, the contents of the Minutes of Hearing, and applicant’s alleged need to testify at trial, all of which were contradicted by the record, and all of which should not have been necessary.            On May 21, 2012, we received a timely Applicant’s Objection to Sanctions from Ronald J. Nolan and the Law Offices of Ronald J. Nolan. The Objection states that the Petition for Reconsideration should have been worded to read that, if the stipulations regarding occupation and group number had been upheld, applicant would not have been required to submit or offer his prior deposition testimony. The Objection also states that the WCJ read into the record of the February 1, 2012 Minutes of Hearing, a , stipula

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