Foster, Scott

Applicant Scott Foster, acting in pro per while still represented by an attorney of record, petitioned for reconsideration and disqualification of the WCJ following March 26, 2024 Findings and Orders awarding $69,750 in attorney fees to his former counsel, the Law Offices of Rowen, Gurvey & Win. The underlying claim was resolved by a March 4, 2022 Compromise and Release for a gross amount of $465,000, with the attorney fee withheld pending agreement or court order. Foster argued the OACR was not a final order, that the lien claimant failed to prove entitlement to fees, and that sanctions should be imposed against the lien claimant. The WCAB held the March 4, 2022 OACR was a final order that Foster failed to timely challenge, that the attorney fee was reasonable on the merits under Labor Code section 4906(d), and that as a non-attorney Foster was statutorily barred from receiving any portion of the fee. The Board denied both the petition for reconsideration and the petition for disqualification, while noting the issue of sanctions against Foster remained deferred.