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PanelLienDenied

Ordenana, Jessica

JESSICA ORDENANA, Applicant vs. ROYAL AIRLINE LINEN; UTICA MUTUAL INSURANCE COMPANY, Defendants

ADJ number: ADJ12414651
Decision date: Apr 7, 2024
District office: Los Angeles
WCJ: —
Claim administrator: Utica Mutual Insurance Company
Commissioners: —

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

Summary

Former applicant's attorney and lien claimant Susan Garrett, through hearing representative Lance Garrett, filed a Petition for Reconsideration on February 6, 2024, seeking to set aside the October 19, 2023 Order Approving Compromise and Release (OACR) on grounds that the attorney's fee award was issued in violation of law. The petition was filed on the eve of a February 7, 2024 trial that was set to decide the very issues raised. The Appeals Board found this improper, characterizing the petition as an effort to obtain summary judgment without any record having been created, and noting it may have been filed solely to delay trial. The Board denied reconsideration and granted removal on its own motion under Labor Code section 5310 to investigate whether sanctions and/or an award of reasonable expenses, costs, and/or attorney's fees should issue. A final decision after removal was deferred pending further review.

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.