Paula Porter vs. The Hertz Corporation; American Insurance Guarantee/new Hampshire Insurance Company

In this case, the Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration and removed the case to the Appeals Board. The Board also issued a Notice of Intention to Impose Sanctions against the lien claimant and their attorney for filing a skeletal petition that was unsupported by specific references to the record and to the principles of law involved. The Board gave the lien claimant 15 days to file a response setting forth good cause as to why the intended sanction should not be imposed.

The Hertz Corporation; American Insurance Guarantee/New Hampshire Insurance Company Paula Porter WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACase Nos. ADJ265522 (MON 0346920)ADJ4312334 (MON 0346921)ADJ110399 (MON 0351900)(Los Angeles District Office)PAULA PORTER, Applicant,vs.THE HERTZ CORPORATION; AMERICAN INSURANCEGUARANTEE/NEW HAMPSHIRE INSURANCE COMPANY, Defendants.OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND ORDER OF REMOVAL ON BOARD MOTION WITH NOTICE OF INTENTION TO ISSUE SANCTIONS (LABOR CODE [color=rgb(32, 33, 36)]§[/color]5813)            Lien claimant, former attorney of record Elliott Wachtel, seeks reconsideration of the Joint Stipulated Findings and Award issued February 28, 2013, wherein the workers’ compensation administrative law judge (WCJ) approved the proposed Award which included allowance of attorney fees in the amount of $50,451.99 “payable to trust account of Steven Dewberry [counsel of record] to be held in trust, pending further order of WCAB, or amicable resolution with former applicant attorney Wachtel.”            Lien claimant’s skeletal petition consisted entirely of the following:[justify]      “COMES NOW, lien claimant (prior attorney of record) Elliott Wachtel,[/justify][justify]      requests reconsideration on solely the issue of attorney fees.[/justify]FACTS[justify]      On February 28, 2013 a joint award issued.[/justify][justify]      The attorney fees are to be paid to the Trust Account of Steven Dewberry[/justify][justify]      to be held in trust.[/justify][justify]      This office wrote to Judge Barbosa objecting to Mr. Dewberry holding the[/justify][justify]      funds.[/justify][justify]      WHEREFORE: It is respectfully requested that the Award be amended[/justify][justify]      to reflect that defendants hold the fees in trust until the issue of attorney[/justify][justify]      fees is resolved between the parties.”[/justify]////// ,             Based upon our review of the record, and

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