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PanelGranted in Part

Alor Lopez, Victor Nicolas

VICTOR NICOLAS ALOR LOPEZ, Applicant vs. ALLIED UNIVERSAL, Permissibly Self-Insured, administered by ESIS, Defendants

ADJ number: ADJ14289195
Decision date: Date unavailable
District office: Van Nuys
WCJ: Leonard Silberman (Workers' Compensation Arbitrator)
Claim administrator: ESIS (administering for Allied Universal, Permissibly Self-Insured)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5710LC §5813LC §5900LC §5909CCR §10421CCR §10964

Summary

Applicant's attorney Robert Ozeran sought reconsideration of an arbitrator's Findings and Award that denied his petition for Labor Code section 5710 attorney's fees for reviewing the applicant's deposition transcript and imposed sanctions of $990 payable to defense counsel and $600 payable to the Ross Pike Memorial Trust. The WCAB granted reconsideration and rescinded the F&A. The Board held that the applicant's attorney's petition for section 5710 fees was not frivolous or indisputably without merit, so sanctions under section 5813 were improper. However, the Board agreed that the attorney failed to meet his burden of proof for the additional fees because he did not appear at the proceedings, sent another attorney, and provided only a bill (Exhibit 4) without supporting testimony. The Board ordered that applicant's attorneys, defense attorneys, and the Ross Pike Trust all take nothing.

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.