Home/Case Law/IGNACIO MARTINEZ vs. VANDER KOOI DAIRY; PAULA INSURANCE COMPANY; administered by CIGA, through INTERCARE INSURANCE SERVICES
Regular DecisionReconsideration

IGNACIO MARTINEZ vs. VANDER KOOI DAIRY; PAULA INSURANCE COMPANY; administered by CIGA, through INTERCARE INSURANCE SERVICES

Filed: Apr 16, 2013
Fresno
ADJ3767534 (AHM 0110853)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration because it was based on a mistaken case number. The claimant, a former attorney, sought reconsideration of an award that did not explicitly divide attorney fees between them and the applicant's current attorney. The WCAB clarified that the attorney fee award in the relevant case was stayed by the WCJ pending further proceedings. Therefore, the issue of fee division remains open and has not been finally adjudicated, making reconsideration premature.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration because it was based on a mistaken case number. The claimant, a former attorney, sought reconsideration of an award that did not explicitly divide attorney fees between them and the applicant's current attorney. The WCAB clarified that the attorney fee award in the relevant case was stayed by the WCJ pending further proceedings. Therefore, the issue of fee division remains open and has not been finally adjudicated, making reconsideration premature.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.