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Reymundo Garcia vs. Sierra View Memorial Park, Gallagher Bassett Services

Filed: Jul 27, 2015
San Francisco
ADJ2555140 (RDG 0087092)

CompFox AI Summary

This case involves applicant Reymundo Garcia seeking reconsideration of an order denying attorney fees related to an Independent Medical Review (IMR) appeal. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the administrative law judge's decision. The Board found the applicant's petition for fees to be skeletal, lacking specific record references and legal authority. Furthermore, the Board noted the applicant's expectation of summary approval of fees contradicted his due process claim regarding a lack of hearing. A dissenting opinion argued for reconsideration to allow further proceedings on the fee petition due to the complexity of the underlying IMR appeal.

Full Decision Text1 Pages

This case involves applicant Reymundo Garcia seeking reconsideration of an order denying attorney fees related to an Independent Medical Review (IMR) appeal. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the administrative law judge's decision. The Board found the applicant's petition for fees to be skeletal, lacking specific record references and legal authority. Furthermore, the Board noted the applicant's expectation of summary approval of fees contradicted his due process claim regarding a lack of hearing. A dissenting opinion argued for reconsideration to allow further proceedings on the fee petition due to the complexity of the underlying IMR appeal.

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