What the panel ordered
Petition for Reconsideration granted; Order Allowing Attorney's Fees rescinded; matter returned to PWCJ for further proceedings.
Petitioner County of Kern filed a Petition for Reconsideration challenging the Order Allowing Attorney's Fees under Labor Code Section 5710, which was granted by the Appeals Board, rescinding the Order and remanding the matter to the PWCJ for further proceedings.
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.
The Appeals Board found procedural defects in the Order Allowing Attorney's Fees, including lack of Notice of Intention and failure to consider evidence of preparation time, warranting rescission and remand for further proceedings.
From the decision · page 1We have considered the allegations of defendant's Petition for Reconsideration and the contents of the report of the presiding workers' compensation administrative law judge (PWCJ). Based on our review of the record, and for the reasons stated in the PWCJ's Report, which we adopt and incorporate, we will grant the Petition for Reconsideration, rescind the Order Allowing Fees per Labor Code Section 57101, and return the matter to the PWCJ for further proceedings consistent with this opinion.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Order Allowing Attorney's Fees lacked a Notice of Intention and did not consider Applicant's initial testimony regarding preparation time.
Favours Applicant prevailed
These procedural defects warranted rescission of the Order and remand for further proceedings to allow both parties to be heard.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 5909
Petition for reconsideration must be acted upon within 60 days of transmission of the case to the Appeals Board.
The Appeals Board acted timely on the Petition for Reconsideration filed by County of Kern within the 60-day period.
From the decision · page 1Former section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:
Labor Code Section 5710
Attorney's fees are governed by Labor Code Section 5710.
The Order Allowing Attorney's Fees was rescinded due to procedural defects and remanded for further proceedings.
From the decision · page 1We have considered the allegations of defendant's Petition for Reconsideration and the contents of the report of the presiding workers' compensation administrative law judge (PWCJ). Based on our review of the record, and for the reasons stated in the PWCJ's Report, which we adopt and incorporate, we will grant the Petition for Reconsideration, rescind the Order Allowing Fees per Labor Code Section 57101, and return the matter to the PWCJ for further proceedings consistent with this opinion.
What proof carried it
The evidence the panel weighed, by kind.
Petitioner's procedural complaints regarding the Order Allowing Attorneys' Fees, including lack of Notice of Intention and failure to consider initial testimony on preparation time.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
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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