CompFox AI Summary
This case concerns former attorney Thomas Plumb's attempt to obtain additional attorney's fees and interest on previously awarded fees from vocational rehabilitation temporary disability (VRTD) funds. The Workers' Compensation Appeals Board denied his petition for reconsideration. Plumb failed to follow the established procedure for VRTD attorney's fees by not filing a lien or voucher with supporting documentation for over 23 years, rendering his claim inchoate and likely outside the Board's jurisdiction after changes in the law. Furthermore, his claim for interest on past awards was untimely, barred by statutes of limitations, and undermined by his own 22-year delay in pursuing it. Finally, the Board found Plumb was not denied due process as he failed to list the applicant as a witness and no sworn testimony was taken.
Full Decision Text1 Pages
This case concerns former attorney Thomas Plumb's attempt to obtain additional attorney's fees and interest on previously awarded fees from vocational rehabilitation temporary disability (VRTD) funds. The Workers' Compensation Appeals Board denied his petition for reconsideration. Plumb failed to follow the established procedure for VRTD attorney's fees by not filing a lien or voucher with supporting documentation for over 23 years, rendering his claim inchoate and likely outside the Board's jurisdiction after changes in the law. Furthermore, his claim for interest on past awards was untimely, barred by statutes of limitations, and undermined by his own 22-year delay in pursuing it. Finally, the Board found Plumb was not denied due process as he failed to list the applicant as a witness and no sworn testimony was taken.
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