Home/Case Law/NOEMI PADILLA vs. MALARKEY ROOFING, LIBERTY MUTUAL INSURANC COMPANY
Regular DecisionRegular Panel Decision

NOEMI PADILLA vs. MALARKEY ROOFING, LIBERTY MUTUAL INSURANC COMPANY

Filed: Mar 14, 2016
Long Beach
ADJ9366379

CompFox AI Summary

The applicant sought reconsideration of an Order Approving Compromise and Release due to a mathematical error in calculating the attorney's fee. The Appeals Board granted reconsideration, rescinded the original order, and returned the matter to the trial level. The purpose is to allow the parties to amend the Compromise and Release to correct the attorney's fee error, with the judge to determine if the original order should be reinstated or an amended one approved. Chairwoman Caplane noted the applicant's attorney must ensure compliance with WCAB Rule 10778 regarding notice of adverse interest and the right to independent counsel.

Full Decision Text1 Pages

The applicant sought reconsideration of an Order Approving Compromise and Release due to a mathematical error in calculating the attorney's fee. The Appeals Board granted reconsideration, rescinded the original order, and returned the matter to the trial level. The purpose is to allow the parties to amend the Compromise and Release to correct the attorney's fee error, with the judge to determine if the original order should be reinstated or an amended one approved. Chairwoman Caplane noted the applicant's attorney must ensure compliance with WCAB Rule 10778 regarding notice of adverse interest and the right to independent counsel.

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