WCPanelIQ
PanelDismissed

Salazar Parias, Jose

JOSE SALAZAR PARIAS, Applicant vs. DMS FACILITY SERVICES; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ16957497
Decision date
Jul 21, 2024
District office
Van Nuys District Office
WCJ
—
Claim administrator
Liberty Mutual Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10842

Summary

Applicant's attorney filed a Petition for Reconsideration seeking an increase in attorney fees in this consolidated matter following a workers' compensation arbitrator's decision. The Board reviewed the petition and found that it was not accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel, as required by WCAB Rule 10842. Because of this procedural defect, the Board dismissed the Petition for Reconsideration. The decision was a three-commissioner panel decision issued from San Francisco.

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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