What the panel ordered
Petition for Reconsideration dismissed for failure to comply with WCAB rule 10842 regarding notice of adverse interest and right to independent counsel.
Petition for Reconsideration filed by applicant's attorney was reviewed by the WCAB panel after the WCJ's Findings of Fact and Order Releasing Funds Withheld dated January 26, 2022.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant's attorney failed to serve written notice on the applicant about adverse interest and right to independent counsel, warranting dismissal under WCAB rule 10842.
From the decision · page 1Applicant's attorney, on his own behalf, has filed a Petition for Reconsideration of the January 26, 2022 Findings of Fact and Order Releasing Funds Withheld issued by the workers' compensation administrative law judge (WCJ). We have considered the allegations of the Petition for Reconsideration and the contents of the WCJ's report with respect thereto. Based on our review of the record, the petition will be dismissed for applicant's attorney failure to comply with WCAB rule 10842.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's attorney did not serve written notice on the applicant regarding adverse interest and right to independent counsel.
Favours Defendant prevailed
This failure to comply with WCAB rule 10842 was the basis for dismissal of the petition for reconsideration.
From the decision · page 1We see no evidence that applicant's attorney has served written notice on his client regarding his adverse interest in seeking an increase in attorney's fees or of applicant's right to seek independent counsel. Therefore, we will dismiss applicant's attorney petition.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10842
WCAB rule 10842
Failure to notify the applicant of attorney's adverse interest and right to independent counsel may constitute grounds for dismissal of the request for increase in attorney's fee.
From the decision · page 1All requests for an increase in attorney's fee shall be accompanied by proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel. Failure to notify the applicant may constitute grounds for dismissal of the request for increase in fee. (Cal. Code Regs., tit. 8, § 10842.)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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