WCPanelIQ
PanelGranted

David Purcell — ADJ7044663, ADJ7044664, ADJ11257861

DAVID PURCELL, Applicant vs. ALLIED AVIATION HOLDINGS CORPORATION; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, administered by AMERICAN INTERNATIONAL GROUP, INC., Defendants

ADJ number
ADJ7044663, ADJ7044664, ADJ11257861
Decision date
Apr 12, 2022
District office
Sacramento
WCJ
—
Claim administrator
American International Group, Inc. (administering Insurance Company of the State of Pennsylvania)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5811

Summary

Applicant's former attorney, S. Curtis Winter, petitioned for reconsideration of the WCJ's May 12, 2021 Order Approving Compromise and Release, contending the OACR failed to properly resolve or reserve jurisdiction over his claim for cost reimbursement under Labor Code section 5811. The Board granted reconsideration to study the issues and directed the parties to a commissioners' settlement conference. The parties reached a stipulation, filed March 18, 2022, under which defendant agreed to pay $4,500 in vocational expert fees and $1,532 in claimed attorney fees related to a September 2, 2014 deposition, resolving all costs, fees, penalties, and sanctions, with Winter agreeing to withdraw his petition. The Board approved the stipulation and affirmed the underlying Order Approving Compromise and Release.

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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