WCPanelIQ
PanelDismissed

Dameron, Taylor

TAYLOR DAMERON, Applicant vs. MEYERS CONSTRUCTORS, INC., self-insured, administered by ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ17834820
Decision date
Jan 1, 2024
District office
Fresno
WCJ
—
Claim administrator
Athens Administrators (administering for Meyers Constructors, Inc., self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5313LC §5702LC §5803LC §3861

Summary

Applicant Taylor Dameron resolved his workers' compensation case via Stipulations with Request for Award, approved by the WCJ on June 23, 2023, providing 16% PD totaling $16,095.00. After substituting in legal counsel, defendant sought reconsideration of the Award and a third-party credit of $77,214.51 based on a Stipulation for Credit signed by applicant (in pro per) and defense counsel. The Board had previously dismissed an earlier petition as premature; after the WCJ approved the credit on October 23, 2023, defendant again petitioned for reconsideration of the June 2023 Award, arguing the credit would engross the remaining PD and that double recovery should be prevented. The Board dismissed the petition because there was no hearing, no evidence in the record, and no determination of good cause to allow defendant to withdraw from its stipulations or whether the pro per applicant understood the implications of the credit stipulation. The Board returned the matter to the trial level, recommending the WCJ treat the petition as a petition to set aside the Award and set a hearing to develop a record.

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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