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PanelLienRemanded

Isidro Ruiz — ADJ10991888

ISIDRO RUIZ, Applicant vs. YARD CREATIONS LANDSCAPE SERVICES, INC.; MID-CENTURY INSURANCE COMPANY, Defendants

ADJ number: ADJ10991888
Decision date: Oct 21, 2021
District office: Stockton
WCJ: —
Claim administrator: Mid-Century Insurance Company
Commissioners: PATRICIA A. GARCIA, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: left lower extremity, back, circulatory system, fingers, psyche

LC §4906LC §5903LC §5952LC §5313CCR §10775CCR §10844CCR §10842CCR §10945

Summary

Applicant Isidro Ruiz settled his workers' compensation claim via Compromise and Release providing $12,000 in attorney's fees. Three successive attorneys had handled the matter: CVIWLC (initiated), Buzzell Law Firm (intermediate, declined a fee), and the Law Office of Fernando Vargas (settled). The WCJ allocated $4,320 to CVIWLC and $7,680 to Vargas using a formula of one-third to CVIWLC for initiating, one-third to Vargas for settling, and the remaining third split pro rata based on the number of days each office held the file. Vargas sought reconsideration, arguing the WCJ misapplied Labor Code section 4906(d), exceeded her authority by modifying a fee-splitting agreement, and failed to make an adequate record. The Board rescinded the F&O because the record did not show how the WCJ applied the section 4906(d) factors to record evidence and returned the matter to the trial level for further development of the 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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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.

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.