CompFox AI Summary
The WCAB granted the defendant's petition for reconsideration regarding an order allowing attorney's fees under Labor Code section 5814.5. The Board found the prior order lacked adequate factual and evidentiary support, particularly regarding proof of enforcement of a medical treatment award and missing hearing minutes. Consequently, the Board rescinded the attorney's fee order and returned the case to the trial level for further proceedings and a new decision. This ensures a complete record and clear articulation of the WCJ's reasoning before awarding fees.
Full Decision Text1 Pages
The WCAB granted the defendant's petition for reconsideration regarding an order allowing attorney's fees under Labor Code section 5814.5. The Board found the prior order lacked adequate factual and evidentiary support, particularly regarding proof of enforcement of a medical treatment award and missing hearing minutes. Consequently, the Board rescinded the attorney's fee order and returned the case to the trial level for further proceedings and a new decision. This ensures a complete record and clear articulation of the WCJ's reasoning before awarding fees.
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