CompFox AI Summary
This case involves an attorney's petition for reconsideration of a stipulation and order that dismissed the applicant's claim for $1,500.00 and awarded no attorney fees. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it failed to comply with WCAB rule 10778, which requires proof of service on the applicant regarding the attorney's adverse interest and the applicant's right to independent counsel. Had the petition not been dismissed on procedural grounds, the WCAB indicated it would have denied it on the merits, citing the WCJ's Report that questioned the attorney's representation and noted the WCJ had to intervene to increase the settlement.
Full Decision Text1 Pages
This case involves an attorney's petition for reconsideration of a stipulation and order that dismissed the applicant's claim for $1,500.00 and awarded no attorney fees. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it failed to comply with WCAB rule 10778, which requires proof of service on the applicant regarding the attorney's adverse interest and the applicant's right to independent counsel. Had the petition not been dismissed on procedural grounds, the WCAB indicated it would have denied it on the merits, citing the WCJ's Report that questioned the attorney's representation and noted the WCJ had to intervene to increase the settlement.
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