Runnion
Runnion v. Workers' Compensation Appeals Board
Opinion
Opinion
Phelan, J.
By this petition, Attorney Jack C. Runnion challenges the Workers’ Compensation Appeals Board’s (Board) approval of an order awarding sanctions against him and holding him in contempt. The workers’ compensation judge (WCJ) held Runnion in contempt and sanctioned him for failing to appear at a scheduled hearing. The Board sustained the WCJ’s actions. We conclude the Board properly sustained the sanctions but erred in permitting the contempt order to stand. Board regulations authorize sanctions of various kinds for failing to appear, but they do not mention contempt. We question holding Runnion in contempt in this situation, where he was not directly ordered to appear for the neglected hearing. Moreover, the contempt order was deficient and must be set aside.
Facts and Procedural History
Runnion claims he never represented injured worker Anthony Gore on his workers’ compensation claim, but the evidence suggested otherwise. Runnion’s business card was attached to Gore’s claim against his employer, TIMEC, Runnion’s name appeared on a subpoena for TIMEC’s records, and Runnion signed a stipulation as “Attorney for Anthony Gore.”