Home/Case Law/DESIREE GOTUACO vs. IMPERIAL CAPITAL BANK, LIBERTY MUTUAL FIRE INSURANCE COMPANY
Regular DecisionReconsideration

DESIREE GOTUACO vs. IMPERIAL CAPITAL BANK, LIBERTY MUTUAL FIRE INSURANCE COMPANY

Filed: Sep 27, 2007
SFO 0489777, SFO 0500802

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The Workers' Compensation Appeals Board granted reconsideration and rescinded a $$100$ sanction imposed on applicant's counsel. The Board found that while counsel made procedural errors by contacting the presiding judge instead of the assigned judge, there was no evidence of bad faith or intent to delay. The Board concluded that imposing sanctions under these circumstances would be unjust, as counsel acted with reasonable justification, albeit with a mistaken understanding of proper procedure.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded a $$100$ sanction imposed on applicant's counsel. The Board found that while counsel made procedural errors by contacting the presiding judge instead of the assigned judge, there was no evidence of bad faith or intent to delay. The Board concluded that imposing sanctions under these circumstances would be unjust, as counsel acted with reasonable justification, albeit with a mistaken understanding of proper procedure.

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