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PanelGranted in Part

Beatriz Moreno — ADJ7998608

BEATRIZ MORENO, Applicant vs. RTJ HOME SWEET HOME, INC., a California Corporation; ROSALINDA GALO, a substantial shareholder of RTJ HOME SWEET HOME, INC.; TORINO JAVIER, a substantial shareholder of RTJ HOME SWEET HOME, INC., illegally uninsured, Defendants

ADJ number: ADJ7998608
Decision date: Jun 24, 2021
District office: Van Nuys
WCJ: —
Claim administrator: —
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

LC §5801LC §5813

Summary

Applicant's counsel was awarded supplementary appellate attorney's fees under Labor Code section 5801 after the Second District Court of Appeal determined that defendant's employer-filed writ of review had no reasonable basis. The WCAB had issued an Opinion and Award on April 20, 2021 granting $16,897.20 in fees. Defendant sought reconsideration, arguing the fees were excessive and that a WCJ's erroneous fee order showed bias warranting rescission of the underlying award. The Board granted reconsideration solely to deduct $22.20 in non-recoverable filing fees, reducing the award to $16,875.00, and affirmed in all other respects. The Board rejected the bias argument and warned defense counsel that further attempts to relitigate the underlying award could result in sanctions under section 5813.

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.

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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.