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Case No. ADJ4237598 (LAO 0866879)

Regular

Apr 17, 2012

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

The applicant's attorneys, Perona Langer, sought reconsideration of the WCJ's fee allocation between them and prior counsel. Perona Langer argued the WCJ failed to consider time and results obtained when awarding them $820.00 in attorneys' fees. However, the Board dismissed the petition because Perona Langer failed to properly serve their petition on all adverse parties, specifically Warren S. Seider. Consequently, the petition was dismissed without addressing the merits of the fee dispute.

WCABADJ4237598ADJ2618117Perona LangerInfinity MetalsState Compensation Insurance FundPetition for ReconsiderationFindings and OrderWCJattorneys' fees

References

Case No. ADJ4237598 (LAO 0866879), ADJ2618117 (VNO 0540849)

Regular

Jul 19, 2012

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Perona Langer's petition for reconsideration because it was a successive petition following a prior dismissal, and it was also untimely filed. The Board noted that Perona Langer failed to serve its initial petition on all adverse parties, leading to the first dismissal. Furthermore, even if the petition were timely and not successive, the Board found Perona Langer's argument for a larger fee share unpersuasive, as the WCJ had reasonably allocated fees based on the results and effort of each prior counsel. The Board affirmed that a party cannot file a second petition for reconsideration after an adverse ruling; they must seek a writ of review in the Court of Appeal.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalAttorneys' FeesLabor Code Section 4906(d)Proof of ServiceAdverse PartiesTimelinessWrit of ReviewSuccessive Petition

References

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CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

WCABADJ4237598ADJ2618117Perona LangerInfinity MetalsState Compensation Insurance FundPetition for ReconsiderationFindings and OrderWCJattorneys' fees

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalAttorneys' FeesLabor Code Section 4906(d)Proof of ServiceAdverse PartiesTimelinessWrit of ReviewSuccessive Petition