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PanelGranted in Part

Darlene Upshaw — ADJ12297736

DARLENE UPSHAW, Applicant vs. CHILDREN’S HOSPITAL LOS ANGELES, Permissibly Self-Insured, Adjusted by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ12297736
Decision date: Feb 15, 2021
District office: Van Nuys
WCJ: —
Claim administrator: Athens Administrators
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: right wrist, right knee

LC §4064LC §4906LC §5313LC §5903LC §5952CCR §10844CCR §10848CCR §10964CCR §31.5

Summary

Applicant Darlene Upshaw, an unrepresented registered nurse at the time defendant filed a declaration of readiness to proceed (DOR), sought reconsideration of a December 7, 2020 Findings and Award denying her Labor Code section 4064(c) attorney's fees. The WCJ had awarded only 15% PD attorney's fees ($2,777.25) and denied the 4064(c) fee petition and motion to develop the record. The Board found that because defendant filed the DOR on June 20, 2019 while applicant was unrepresented, section 4064(c) makes defendant liable for any attorney's fees incurred by applicant in connection with the DOR. However, because the record did not reveal what fees, if any, applicant actually incurred, the Board granted reconsideration, amended the F&A to find defendant liable, deferred the amount, and remanded for development of the record on that issue.

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.