Opinion
OPINION AND DECISION AFTER REMOVAL AND ORDER SUSPENDING THE PRIVILEGE OF MIKE TRAW OF APPEARING BEFORE THE WCAB PURSUANT TO LABOR CODE SECTION4907, (APPEALS BOARD EN BANC)
RONNIE G. CAPLANE, Chairwoman.
On August 27, 2015, the Appeals Board removed this case to itself on its own motion pursuant to Labor Code section 5310 in order to issue a Notice Of Intention To Suspend The Privileges Of Professional Lien Services, Inc., And Mike Traw Of Appearing Before The WCAB Pursuant To Labor Code Section 4907 (Notice Of Intention).
As part of the Notice Of Intention, which is incorporated by reference herein, Professional Lien Services, Inc., (PLS) and Mike Traw were provided the opportunity to be heard regarding the proposed suspension of their privileges.
No response to the Notice Of Intention was received from Mike Traw.
The Appeals Board received a letter dated September 17, 2015 from Mark Blakely on the letterhead of PLS in response to the Notice Of Intention. In that letter, Mr. Blakely stated that he acquired PLS from the prior owners and he requested a 60 day extension of the time to further respond to the Notice Of Intention on behalf of PLS. Mr. Blakely’s request for additional time was granted and memorialized in a September 30, 2015 letter sent on behalf of the Appeals Board.
Thereafter, the Appeals Board received a second letter from Mr. Blakely dated November 14, 2015, in which he requested an additional 60 day extension of time to further respond to the Notice Of Intention. The second extension of time was allowed as requested.
No further response to the Notice Of Intention has been received from Mr. Blakely or PLS, and the two allowed extensions of time to respond have expired.
Accordingly, we now issue this Decision After Removal, suspending the privilege of Mike Traw of appearing before the WCAB pursuant to Labor Code Section 4907 for the reasons expressed in the Notice Of Intention.
We do not act at this time to suspend the privilege of Mark Blakely or PLS. However, the earlier ordered sanctions against PLS remain in full force and effect, and PLS continues to be liable for payment of those ordered sanctions.
Labor Code section 4907(a)(2) provides for suspension of the privilege of appearing before the WCAB for, “failure to pay final order of sanctions, attorney’s fees, or costs, issued under Section 5813.” The failure to comply with an order or regulation of the WCAB, including an order to pay a sanction, is an interference with the judicial process that provides good cause for suspending or removing the privilege of appearing before the WCAB.
Further action may be taken in the future by the Appeals Board as appropriate if the ordered sanctions described in the Notice Of Intention continue to be unpaid.
For the foregoing reasons,
IT IS ORDERED as the Decision After Removal of the Workers’ Compensation Appeals Board that the privilege of Mike Traw of appearing before the Workers’ Compensation Appeals Board is hereby suspended for ninety (90) days from the date of this order pursuant to Labor Code section 4907 for the reasons set forth in the August 27, 2015 Notice Of Intention To Suspend The Privileges Of Professional Lien Services, Inc., And Mike Traw Of Appearing Before The WCAB Pursuant To Labor Code Section 4907.
IT IS FURTHER ORDERED that upon the expiration of the ninety (90) day suspension, if there still has not been compliance with the August 14, 2013 Sanction Order, the suspension of
Mike Traw shall continue until there has been full compliance with the August 14, 2013 Sanction Order.
FRANK M. BRASS, Commissioner, DEIDRA E. LOWE, Commissioner, MARGUERITE SWEENEY, Commissioner, KATHERINE A. ZALEWSKI, Commissioner, JOSé H. RAZO, Commissioner.