CompFox AI Summary
The Appeals Board granted reconsideration to address the Employment Development Department's (EDD) petition regarding an attorney's fee deduction from its lien. The Board rescinded the prior award, finding that EDD did not waive its right to recover its lien in full, as it had not been properly served with the original decision. Furthermore, the Board clarified that EDD's lien recovery should be limited to the applicant's temporary disability indemnity rate, not its own higher payment rate. The Board also corrected several errors, including applicant's name, employer's insurance status, and the temporary disability rate calculation.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address the Employment Development Department's (EDD) petition regarding an attorney's fee deduction from its lien. The Board rescinded the prior award, finding that EDD did not waive its right to recover its lien in full, as it had not been properly served with the original decision. Furthermore, the Board clarified that EDD's lien recovery should be limited to the applicant's temporary disability indemnity rate, not its own higher payment rate. The Board also corrected several errors, including applicant's name, employer's insurance status, and the temporary disability rate calculation.
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