CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant Linda Smith's low back surgery. The Board affirmed the award for surgery, agreeing with the WCJ's reliance on consulting physician and Agreed Medical Examiner opinions. However, the Board rescinded the award of attorney's fees, finding it premature and improperly delegated to the parties without proper submission or consideration by the Board. The Board clarified that the Appeals Board has exclusive jurisdiction to fix attorney fees, which requires a detailed request and Board approval.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant Linda Smith's low back surgery. The Board affirmed the award for surgery, agreeing with the WCJ's reliance on consulting physician and Agreed Medical Examiner opinions. However, the Board rescinded the award of attorney's fees, finding it premature and improperly delegated to the parties without proper submission or consideration by the Board. The Board clarified that the Appeals Board has exclusive jurisdiction to fix attorney fees, which requires a detailed request and Board approval.
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