Christina Proctor — ADJ13378071

Lien claimant Todd Whates, applicant's former attorney, sought reconsideration of an OACR approving a Compromise and Release, arguing that his outstanding claim for attorney's fees on a retroactive TD payment of $4,288.12 remained unresolved before settlement approval. The WCJ had carved out the disputed attorney's fee issue, ordering defendant to hold that amount in trust, and set an MSC to address it. The Board found that no evidentiary hearing had occurred and the record lacked admitted evidence regarding the TD payments, whether fees were previously issued, and whether the trust funds were properly withheld. Because meaningful review was impossible without a complete record, the Board dismissed the Petition and returned the matter to the trial level, recommending the WCJ treat the Petition as one to set aside the OACR in the first instance.