Overview

This 2016 Review Department opinion concerns Kimberly Allyson Hansen, an experienced workers’ compensation attorney, in her third disciplinary proceeding. The case originated from her representation before the Workers’ Compensation Appeals Board (WCAB), where the Board imposed sanctions after finding she and colleagues had misled the tribunal. The hearing judge found Hansen culpable of acts of moral turpitude under Business & Professions Code §6106, dismissed a duplicative count under §6068(d), and recommended an 18-month actual suspension. Both sides appealed — Hansen seeking dismissal, and the Office of Chief Trial Counsel (OCTC) seeking disbarment under Standard 1.8(b).

Key Facts

• Hansen was Vice President at Stockwell, Harris, Woolverton & Muehl, representing Vulcan Materials and Zurich North America in Speight v. Vulcan before the WCAB.
• Three QME (Qualified Medical Evaluator) panel requests were submitted; two were denied, and the third granted before the WCAB’s removal orders issued.
• Despite learning that a QME panel had already been issued, Hansen failed to correct the record and filed papers continuing omissions and half-truths.
• When the WCAB later discovered the truth, it sanctioned Hansen $2,500 — the statutory maximum — for “half-truths” and deceptive filings.

Charges and Proceedings

• Count One: §6068(d) (misleading a judge) — dismissed as duplicative of §6106.
• Count Two: §6106 (moral turpitude) — upheld; Hansen’s deception deemed intentional, not negligent.
• The Review Department affirmed culpability, finding Hansen intentionally misled the WCAB through omissions, “half-truths,” and failure to disclose material facts.
• Standard 1.8(b) (two or more prior disciplines → presumptive disbarment) was declined because her prior cases occurred after the misconduct here.

Reasoning

• Misleading a tribunal — by omission, concealment, or half-truth — constitutes moral turpitude even if the deception fails.
• Hansen had a continuing duty to inform the WCAB of the true status once the QME panel was issued.
• The WCAB’s own findings that it was misled were given strong presumptive validity, as the tribunal itself was deceived.
• Aggravation outweighed mitigation due to prior discipline, significant harm to the administration of justice, and lack of insight.

Aggravation and Mitigation

• Aggravating Factors: prior discipline (though lessened weight), harm to administration of justice, and indifference to rectification.
• Mitigating Factors: cooperation with the Bar through stipulated facts, and good-character references (limited scope and weight).

Final Disposition

The Review Department imposed a three-year stayed suspension, three years probation, and an 18-month actual suspension continuing until Hansen proves rehabilitation, fitness, and legal learning under Standard 1.2(c)(1). She must also complete Ethics School, pass the professional responsibility exam, and comply with Rule 9.20. The decision reflects that deception by omission — even without direct false statements — constitutes moral turpitude and endangers an attorney’s license.

Sanctions & Disposition Table

Notes: Standard 1.8(b) was not applied since the misconduct pre-dated Hansen’s other two disciplines. WCAB’s sanction ($2,500) and findings formed the factual basis for this discipline.

Tags