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PanelGranted in Part

Acosta, Aracely

ARACELY ACOSTA, Applicant vs. MED-LEGAL; INTERCARE, Defendants

ADJ number: ADJ9855341
Decision date: Jun 7, 2023
District office: Pomona
WCJ: —
Claim administrator: Intercare; Clarendon National Insurance as Successor in Interest by way of merger with Sussex Insurance Company formerly known as Companion Property & Casualty Company
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

Injury / body parts: neck, right arm, right wrist, right hand, upper extremities, shoulders, psych, gastrointestinal, sleep

LC §4903LC §4906CCR §10844CCR §10390CCR §10400CCR §10402CCR §10205.5

Summary

Applicant's current attorney Cohen petitioned for reconsideration of a WCJ's F&A that divided $9,000 in approved attorney's fees held in trust pro-rata by days of representation between Cohen, former attorney Wang, and applicant Acosta (acting in pro per). The Board held that Acosta, as a non-attorney pro-per litigant, was statutorily barred from receiving any attorney's fees under Labor Code section 4903(a). The Board rescinded the F&A, reallocated the $3,717 erroneously awarded to applicant, and awarded $7,789 to Cohen and $1,211 to Wang based on a reasonableness analysis under section 4906(d). Wang's fee was conditioned on submitting a signed fee disclosure form within 10 days, failing which his fee reverts to Cohen.

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.