CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration. The Board found that the original order approving a Compromise and Release, which included a $145,000 settlement with deductions for a Medicare Set Aside, advances, and attorney fees, erred by failing to hold a hearing on the attorney's fee issue. Consequently, the Board rescinded the original order and returned the case to the trial level for a hearing to properly determine the attorney's fees. The applicant's attorney was also admonished for failing to provide proper notice to the applicant regarding their right to independent counsel concerning the fee.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration. The Board found that the original order approving a Compromise and Release, which included a $145,000 settlement with deductions for a Medicare Set Aside, advances, and attorney fees, erred by failing to hold a hearing on the attorney's fee issue. Consequently, the Board rescinded the original order and returned the case to the trial level for a hearing to properly determine the attorney's fees. The applicant's attorney was also admonished for failing to provide proper notice to the applicant regarding their right to independent counsel concerning the fee.
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