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PanelGranted

Flores, Jose Luis

JOSE LUIS FLORES, Applicant vs. EXECUTIVE BUS BUILDERS, INC.; ARGONAUT-MIDWEST INSURANCE COMPANY; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ12805812
Decision date: Oct 20, 2024
District office: Van Nuys
WCJ: —
Claim administrator: Argonaut-Midwest Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §4903LC §4906LC §5700LC §5701LC §5900LC §5906LC §5909CCR §10600CCR §10840CCR §10842CCR §10844CCR §10964

Summary

Applicant's attorney petitioned for reconsideration of an August 12, 2024 Order that reduced the attorney's fee in a SIBTF compromise and release from the requested 25% ($23,740.00) to 15% ($14,250.00). The applicant had settled the case in chief for $132,500.00 in 2022 and then resolved the SIBTF dispute for $95,000.00. The WCJ reduced the fee based on a 'limited evidentiary record' and the petitioner's failure to provide time records, but did so without holding an evidentiary hearing. The Appeals Board found that due process required the attorney be afforded an opportunity to develop the record and present evidence regarding the reasonableness of the fee. The Board granted reconsideration, rescinded the Order, and returned the matter to the WCJ for further proceedings.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.