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PanelQMELienDenied

Christina Marie Padilla — ADJ11056989, ADJ11036108

CHRISTINA MARIE PADILLA, Applicant vs. BETHANY HOME SOCIETY OF SAN JOAQUIN COUNTY, INC., Permissibly Self-Insured; administered by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ11056989, ADJ11036108
Decision date: Date unavailable
District office: Stockton
WCJ: Irene R. Bowdry
Claim administrator: Athens Administrators (for Bethany Home Society of San Joaquin County, Inc., permissibly self-insured)
Commissioners: —

Injury / body parts: bilateral shoulders, cervical spine

LC §4903LC §132aCCR §10844

Summary

Applicant's successor attorney (Ratto Law) and predecessor lien claimant (Central Valley Injured Worker Legal Clinic) disputed the allocation of a $4,643.62 attorney fee awarded under a December 15, 2020 Stipulated Award. The WCJ apportioned the fee 60% to the lien claimant and 40% to Ratto Law, relying on the parties' itemized billing statements and stipulated periods of representation. Ratto Law petitioned for reconsideration, arguing the division should reflect total hours, the settlement and final QME report procured during its representation, and that the result discourages attorneys from taking over cases. The WCAB adopted the WCJ's Report and Opinion and denied reconsideration, finding the allocation was supported by the more detailed itemization showing the lien claimant performed the foundational discovery work, secured the PQME (Dr. Lewis), obtained TTD benefits and an MPN list.

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.