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PanelDenied

Gonzalez, Guillermo

GUILLERMO GONZALEZ, Applicant vs. THE BICYCLE CASINO; ARCH INDEMNITY INS. CO., Administered by GALLAGHER BASSETT, Defendants

ADJ number: ADJ12226694
Decision date: Feb 5, 2024
District office: Los Angeles
WCJ: —
Claim administrator: Gallagher Bassett (administering Arch Indemnity Ins. Co.)
Commissioners: —

LC §5710LC §5310LC §5313LC §5950CCR §10515CCR §10843CCR §10615

Summary

Applicant's attorney filed a Petition for Reconsideration challenging a provision in an April 7, 2022 Order Approving Compromise and Release that purported to resolve attorney's fees under Labor Code section 5710, and from a January 26, 2024 order denying continuance. The petition was filed on the eve of a February 8, 2024 trial that was set to decide the very issues raised. The Appeals Board found that the attorney was improperly seeking summary judgment without a developed record, in violation of section 5313, Hamilton, and CCR section 10515. The Board denied reconsideration of the OACR, dismissed reconsideration to the extent it sought removal from the continuance denial, and granted removal on its own motion under section 5310 to investigate potential sanctions and costs. The Board deferred a final decision pending further review and noted the petition may have been filed solely to delay trial.

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.