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PanelDenied

Diane Hachadoorian — ADJ3136651

DIANE HACHADOORIAN, Applicant vs. SURGICAL CARE AFFILIATES; UNITED STATES FIRE INSURANCE COMPANY, administered by CRUM & FORSTER, Defendants

ADJ number: ADJ3136651
Decision date: Sep 23, 2021
District office: Santa Ana
WCJ: Richard Brennen
Claim administrator: Crum & Forster (administering United States Fire Insurance Company)
Commissioners: —

Injury / body parts: Nervous System, Head

LC §5814

Summary

Following an Order Approving Compromise and Release dated February 20, 2020, the applicant's attorney was owed $3,337.00 in fees from a $22,248.00 settlement. The attorney's office did not receive the fee check until May 18, 2020—approximately 87-90 days after service of the OACR. The WCJ awarded $500 in additional compensation under Labor Code section 5814 for unreasonable delay, rejecting defendant's computer printout purporting to show a March 5, 2020 check. The WCAB denied defendant's Petition for Reconsideration, adopting and incorporating the WCJ's report, finding the printout was insufficient to prove timely payment and that substantial evidence supported the finding that payment was not issued until May 2020.

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.