Home/Case Law/SHAWN CHOUINARD vs. WALMART ASSOCIATES, INC., ACE AMERICAN INSURANCE administered by YORK RISK SERVICES GROUP
Regular DecisionWorkers' Compensation

SHAWN CHOUINARD vs. WALMART ASSOCIATES, INC., ACE AMERICAN INSURANCE administered by YORK RISK SERVICES GROUP

Filed: Nov 07, 2016
San Luis Obispo
ADJ9718494

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a judge's decision regarding attorney fees. The judge awarded applicant's former counsel (KSA) only $300 out of the total $5,250 attorneys' fees, stating KSA's contribution was limited to the case's beginning. KSA contended they were denied a hearing and proper opportunity to present evidence. The Board found that KSA was not afforded due process, as their evidence was not admitted, and they were not given a chance to respond to the current counsel's claims. Therefore, the Board rescinded the judge's decision and returned the matter for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a judge's decision regarding attorney fees. The judge awarded applicant's former counsel (KSA) only $300 out of the total $5,250 attorneys' fees, stating KSA's contribution was limited to the case's beginning. KSA contended they were denied a hearing and proper opportunity to present evidence. The Board found that KSA was not afforded due process, as their evidence was not admitted, and they were not given a chance to respond to the current counsel's claims. Therefore, the Board rescinded the judge's decision and returned the matter for further proceedings.

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