WCPanelIQ
PanelDismissed

Lopez Guerrero, Edilberto

EDILBERTO LOPEZ GUERRERO, Applicant vs. DAVIS DEVELOPMENT COMPANY INC; TRAVELERS PROPERTY CASUALTY CO. OF AMERICA, Defendants

ADJ number
ADJ19013889
Decision date
Feb 6, 2025
District office
San Jose
WCJ
—
Claim administrator
Travelers Property Casualty Co. of America
Commissioners
KATHERINE A. ZALEWSKI, CHAIR
LC §5909LC §5900CCR §10842

Summary

Applicant's attorney filed a Petition for Reconsideration seeking an increase in attorney's fees. The Board first addressed the timeliness of its own action under the amended Labor Code section 5909, confirming the case was transmitted on December 9, 2024 and that the decision was timely issued by February 7, 2025. On the merits, the Board found the petition was not accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and the applicant's right to seek independent counsel, as required by WCAB Rule 10842. Because of this defect, the Board dismissed the petition, noting it would have otherwise denied it on the merits for the reasons stated in the WCJ's Report.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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