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PanelDenied

Morgan, Bruce

BRUCE MORGAN, Applicant vs. CLEAR CHANNEL OUTDOOR; GALLAGHER BASSETT SERVICES, Defendants

ADJ number: ADJ7295268
Decision date: Oct 27, 2024
District office: Sacramento
WCJ: Christopher M. Brown
Claim administrator: Gallagher Bassett Services
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

LC §5909LC §5900LC §4903LC §4906LC §5903LC §4600LC §3202CCR §10964CCR §10600CCR §10840CCR §10844CCR §10135CCR §10842

Summary

Applicant's attorney (McMonagle Steinberg) sought reconsideration of a WCJ's August 1, 2024 Findings and Award that granted a 12% attorney's fee on applicant Bruce Morgan's SIBTF benefits, arguing that 15% was reasonable. The attorney had substituted into the case in 2016 without filing a fee disclosure form and without advising the applicant that it would seek a 15% fee. The WCJ found that the failure to obtain advised consent and comply with fee disclosure requirements, combined with the lack of evidence of above-average complexity or SIBTF-specific discovery, justified a 12% fee. The Appeals Board, adopting the WCJ's Report, found no good cause to disturb the WCJ's exercise of discretion and denied reconsideration. The Board also addressed the timeliness of its decision under amended Labor Code section 5909.

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.