Score one for the good guys!
Does this sound familiar…? A good faith letter faxed over the morning of a legal holiday (Independence Day, 2020) … five hours later, the claimant attorney files a PFB for the same benefit, complete with certification that a “good faith” attempt was made to resolve the issue.
Recently, a JCC agreed with Andy Borah that such circumstances are not in good faith.
After Andy’s proposed motion for sanctions, the claimant attorney allowed the 21-day safe harbor period to lapse without withdrawing the petition. After the Motion for Sanctions filed, he argued no sanction was due as a good faith effort was made as certified in the petition.
The JCC disagreed, imposing a $250 sanction.