CompFox AI Summary
The Appeals Board dismissed the applicant's attorney's Petition for Reconsideration, finding it untimely filed and non-compliant with WCAB rules. The attorney was personally served with the Compromise and Release on July 9, 2015, but did not file the petition until August 3, 2015. Furthermore, the petition failed to be served on the arbitrator and did not follow proper procedure for carve-out cases. Even if considered on the merits, the attorney would not have been entitled to fees as they were not involved in procuring the settlement.
Full Decision Text1 Pages
The Appeals Board dismissed the applicant's attorney's Petition for Reconsideration, finding it untimely filed and non-compliant with WCAB rules. The attorney was personally served with the Compromise and Release on July 9, 2015, but did not file the petition until August 3, 2015. Furthermore, the petition failed to be served on the arbitrator and did not follow proper procedure for carve-out cases. Even if considered on the merits, the attorney would not have been entitled to fees as they were not involved in procuring the settlement.
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