CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded a $500 sanction imposed on applicant's attorney, Kenneth Martinson, Esq., because the judge issued the order without considering his timely response. The WCAB found that due process was violated as Martinson was not afforded a proper opportunity to present his objections to the proposed sanction. The case was returned to the trial level, with the judge instructed to determine if she could proceed without bias towards the applicant or his attorney. The petition to disqualify the judge was denied, but she was ordered to state her ability to proceed impartially on the record.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded a $500 sanction imposed on applicant's attorney, Kenneth Martinson, Esq., because the judge issued the order without considering his timely response. The WCAB found that due process was violated as Martinson was not afforded a proper opportunity to present his objections to the proposed sanction. The case was returned to the trial level, with the judge instructed to determine if she could proceed without bias towards the applicant or his attorney. The petition to disqualify the judge was denied, but she was ordered to state her ability to proceed impartially on the record.
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