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PanelLienDenied

Calvin Boykins — ADJ11351343

CALVIN BOYKINS, Applicant vs. KAISER PERMANENTE, Permissibly Self-Insured; administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ11351343
Decision date: May 3, 2021
District office: Oakland
WCJ: Terri Ellen Gordon
Claim administrator: Sedgwick Claims Management Services (administering for Kaiser Permanente, Permissibly Self-Insured)
Commissioners: —

Injury / body parts: left upper shoulder

LC §4903.2LC §4903LC §4903.1LC §5902

Summary

Applicant Calvin Boykins's attorney sought an attorney's fee out of the recovery EDD obtained from its lien, which was resolved by a Stipulation and Order dated September 23, 2019. The WCJ found counsel was not entitled to such a fee because not all four conditions of Labor Code section 4903.2 were satisfied, particularly because EDD actively participated in the proceedings (appearing at MSCs, signing pretrial conference statements, and appearing at trial). On reconsideration, applicant argued the WCJ erred regarding subsections (c) and (d) and that more weight should be given to subsection (c). The WCAB adopted and incorporated the WCJ's report and affirmed the August 17, 2020 Findings and Order, denying the requested attorney's fee.

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.