CompFox AI Summary
This case involves a lien claimant, the applicant's attorney, seeking reconsideration of an Amended Findings and Award. The WCJ found the applicant sustained a 100% permanent disability for life, with attorney fees set at 15% of accrued awards. The attorney disagreed with the WCJ's indication that fees would be paid "from the side" of the award, preferring commutation from the "far end." The Appeals Board dismissed the petition because the WCJ's finding on attorney fees was not a final order, as it deferred the issue pending further proceedings. The Board noted that commutation from the "side of the award" is customary in permanent total disability cases and is within the WCJ's discretion.
Full Decision Text1 Pages
This case involves a lien claimant, the applicant's attorney, seeking reconsideration of an Amended Findings and Award. The WCJ found the applicant sustained a 100% permanent disability for life, with attorney fees set at 15% of accrued awards. The attorney disagreed with the WCJ's indication that fees would be paid "from the side" of the award, preferring commutation from the "far end." The Appeals Board dismissed the petition because the WCJ's finding on attorney fees was not a final order, as it deferred the issue pending further proceedings. The Board noted that commutation from the "side of the award" is customary in permanent total disability cases and is within the WCJ's discretion.
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