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PanelLienDismissed

Bawcum, Terrye

TERRYE BAWCUM, Applicant vs. SAN FRANCISCO BAY AREA RAPID TRANSIT, permissibly self-insured; administered by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ15830531
Decision date: Oct 3, 2024
District office: San Francisco
WCJ: —
Claim administrator: Athens Administrators
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: bilateral knees, bilateral ankles

LC §5909LC §5900LC §5803LC §5702LC §5502LC §5313LC §5701LC §5906LC §4903LC §4903.05LC §4906CCR §10700CCR §10702CCR §10761CCR §10862

Summary

Applicant's former attorney Craig Morrison filed a lien for attorney's fees after applicant substituted in new counsel. New counsel and defendant entered into Stipulations with Request for Award that, among other things, requested an applicant's attorney fee of $0 and provided that any attorney fee awarded would increase defendant's overpayment credit. The WCJ approved the Stipulations and issued an Award on June 27, 2024, the same day the signed stipulations were served by mail on the lien claimant, and after excusing the parties from a scheduled trial appearance. The Board held that the lien claimant's due process rights were violated because he received no adequate notice or opportunity to be heard before approval. The Board dismissed the Petition for Reconsideration but directed that it be treated as a petition to set aside the Award, and returned the matter to the trial level for a hearing.

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.