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PanelLienDismissed

Balderas, Homero

HOMERO BALDERAS, Applicant vs. CHEEMA TRANSPORT, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ12989988
Decision date: Aug 21, 2025
District office: Fresno
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: multiple body parts

LC §5909LC §5900LC §5803LC §5000LC §5001LC §5002LC §5003LC §4903LC §4906CCR §10600CCR §10844CCR §10803

Summary

Applicant's prior attorney, now a lien claimant for attorney's fees, sought reconsideration of the June 3, 2025 OACR approving a $5,000,000 C&R that designated $750,000 in attorney's fees, with $100,000 held in trust pending resolution of the prior attorney's lien. The prior attorney did not sign the C&R and argued he was denied due process. The Board found the C&R unenforceable as to the lien claimant because he was not a party, there was no evidence of any fee-division agreement, and the WCJ provided no explanation of how the fee division was determined via the walkthrough procedure. Because no hearing was held and the record was incomplete, the Board dismissed the petition as premature and returned the matter to the trial level, recommending the WCJ treat the petition as a petition to set aside the OACR and set a hearing.

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.