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PanelQMELienDenied

Delgado, Jaime

JAIME DELGADO, Applicant vs. MYERS CONTAINER, LLC; OLD REPUBLIC INSURANCE COMPANY, administered by GALLAGHER BASSETT, Defendants

ADJ number: ADJ14369406
Decision date: Date unavailable
District office: San Francisco
WCJ: Elizabeth C. Dehn
Claim administrator: Gallagher Bassett (administering for Old Republic Insurance Company)
Commissioners: —

Injury / body parts: arms, shoulders, lumbar spine

LC §5909LC §5900LC §5902LC §4906LC §4906(g)CCR §10600CCR §10844CCR §10940

Summary

Applicant Jaime Delgado, after dismissing the Buzzell Law Group as his attorney, proceeded to represent himself in two consolidated claims (specific and cumulative trauma injuries). After awards of permanent disability, the former attorney pursued a lien for fees. The WCJ awarded the lien claimant 7.5% of the total permanent disability award (half of the 15% withheld), balancing the law firm's contributions (filing applications, advancing the QME process) against the applicant's self-representation at trial. Applicant petitioned for reconsideration alleging fraud, insufficient evidence, and newly discovered evidence regarding the fee agreement and the cumulative trauma filing. The Appeals Board adopted the WCJ's report and denied reconsideration, finding the WCJ has broad discretion in setting a reasonable fee under Vierra.

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.