Marcus

Petitioner in fact, Maurice S. Marcus, an attorney, seeks review and annulment of an en banc order of the Workmen’s Compensation Appeals Board adjudging him in contempt of the board and ordering him to pay a fine of $100 within 30 days or be committed to the county jail to be imprisoned for a period of 5 days.

The alleged contempt occurred during the course of a hearing before a referee in which petitioner represented an applicant for workmen’s compensation benefits, when, understandably provoked by an implication that he had fabricated evidence, petitioner stepped down from the stand, where he was being examined by Walter G. Watson, attorney for the carrier, and knocked down opposing counsel with a blow to the jaw. The incident occurred in the hearing room in the presence of the referee, the reporter, applicant, and two claims adjusters.

The record reveals that the allegedly contemptuous incident occurred on September 8, 1971. On October 22, 1971, the carrier, State Compensation Insurance Fund, filed a petition, supported by affidavits, asking that sanctions be applied against petitioner pursuant to Labor Code section 4907. On December 10, 1971, petitioner requested…