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PanelGranted in Part

Larry Cooper — ADJ6428257

LARRY COOPER, Applicant vs. SAN GABRIEL VALLEY WATER COMPANY; LIBERTY MUTUAL; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number: ADJ6428257
Decision date: Jan 5, 2022
District office: San Bernardino
WCJ: —
Claim administrator: Liberty Mutual; Insurance Company of the West
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

LC §4658LC §4903LC §5412LC §5500.5LC §5701LC §5906CCR §10844

Summary

Applicant Larry Cooper sought reconsideration of a February 14, 2020 Findings and Award that found temporary disability underpayments for two periods and awarded attorney's fees of $21,435 (15% of a $142,897.50 permanent disability award, excluding the life pension). Applicant argued the WCJ erred by failing to award fees on the additional temporary disability, failing to apply the section 4658(d)(2) 15% increase, and failing to award fees based on the life pension. The Board agreed in part, directing that fees be awarded on the additional TD and on the life pension award, and deferred the 4658(d)(2) issue. The Board found the record undeveloped on whether the employer employed 50 or more employees, a prerequisite for the 4658(d)(2) increase. The matter was returned to the trial level to develop the record and determine reasonable attorney's fees.

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.