Home/Case Law/JAMES CHAPMAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
Regular DecisionReconsideration

JAMES CHAPMAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

Filed: Mar 24, 2014
ADJ4696823 (LAO 0789746) ADJ879503 (LAO 0835109)

CompFox AI Summary

Former attorney Dean Donin petitioned for reconsideration of a stipulated award, claiming he was not served and no portion of the attorney fee was awarded to him. The WCAB dismissed his petition, finding that the award expressly held the $252.00 attorney fee in trust pending resolution of Donin's lien, meaning he was not aggrieved. The Board admonished Donin for his practice of filing petitions without verifying the award and noted that the proper remedy for fee disputes is a declaration of readiness, not reconsideration. Failure to cease this conduct could result in sanctions.

Full Decision Text1 Pages

Former attorney Dean Donin petitioned for reconsideration of a stipulated award, claiming he was not served and no portion of the attorney fee was awarded to him. The WCAB dismissed his petition, finding that the award expressly held the $252.00 attorney fee in trust pending resolution of Donin's lien, meaning he was not aggrieved. The Board admonished Donin for his practice of filing petitions without verifying the award and noted that the proper remedy for fee disputes is a declaration of readiness, not reconsideration. Failure to cease this conduct could result in sanctions.

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