CompFox AI Summary
The applicant's attorney petitioned for removal of an order approving a compromise and release, specifically challenging the provision holding her attorney's fees in trust due to alleged failures to appear or effectively represent the applicant. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that holding the fees in trust pending a hearing does not constitute significant prejudice or irreparable harm. The WCAB emphasized that removal is an extraordinary remedy, and the attorney failed to meet this high standard. The Board concluded that reconsideration would be an adequate remedy after a final order issues.
Full Decision Text1 Pages
The applicant's attorney petitioned for removal of an order approving a compromise and release, specifically challenging the provision holding her attorney's fees in trust due to alleged failures to appear or effectively represent the applicant. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that holding the fees in trust pending a hearing does not constitute significant prejudice or irreparable harm. The WCAB emphasized that removal is an extraordinary remedy, and the attorney failed to meet this high standard. The Board concluded that reconsideration would be an adequate remedy after a final order issues.
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