CompFox AI Summary
This case involves a dispute over an attorney's fee award in a workers' compensation matter. The applicant's attorney sought to increase a previously awarded fee of $67,053.42 to $162,339.84, arguing it was a correction of a clerical error based on faulty data and that the Board had jurisdiction to modify awards. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision. The Board found the original fee was a substantive error, not a clerical one, and that increasing it would constitute a substantive change prohibited by Labor Code Section 5804. Additionally, the applicant's attorney failed to comply with notice requirements regarding the applicant's right to independent counsel for fee increase requests.
Full Decision Text1 Pages
This case involves a dispute over an attorney's fee award in a workers' compensation matter. The applicant's attorney sought to increase a previously awarded fee of $67,053.42 to $162,339.84, arguing it was a correction of a clerical error based on faulty data and that the Board had jurisdiction to modify awards. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision. The Board found the original fee was a substantive error, not a clerical one, and that increasing it would constitute a substantive change prohibited by Labor Code Section 5804. Additionally, the applicant's attorney failed to comply with notice requirements regarding the applicant's right to independent counsel for fee increase requests.
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