WCPanelIQ
PanelQMERemanded

Gonzales, Robert

ROBERT GONZALES, Applicant vs. NORTHROP GRUMMAN SERVICES CORPORATION; AIG, Defendants

ADJ number
ADJ9689895
Decision date
Sep 8, 2024
District office
Marina del Rey
WCJ
—
Claim administrator
AIG
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, bilateral shoulders, bilateral knees, right wrist, heart (heart disease), internal body systems (hypertension)

LC §5313LC §5903LC §5952CCR §10832CCR §10945

Summary

Applicant's attorney filed a Petition for Costs seeking reimbursement of $2,880 for services performed by applicant's vocational expert, Robert Liebman. The WCJ issued an August 11, 2022 Order directing defendant to pay the costs, despite defendant having filed an Objection on August 2, 2022. Defendant sought reconsideration arguing the fees were unreasonable, the filing was delayed three years, and applicant failed to serve a required 60-day written demand. The Board found that the WCJ created no record (no summary of evidence or reasons) under section 5313 and violated defendant's due process rights by issuing the Order without a notice of intention or opportunity to be heard. The Board rescinded the Order and returned the matter to the trial level for further proceedings, while admonishing defendant for filing an excessive 171-page Petition in violation of Rule 10945.

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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