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Case No. SDO 316117

Regular

Feb 08, 2008

ROSA GUTIERREZ vs. SUNBRIDGE ESCONDIDO, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as untimely filed. The defendant sought to challenge an award for an industrial injury, arguing the lien claim was excessive, proof was misapplied, and further treatment was unnecessary based on a medical report. Ultimately, the Board found the petition was filed outside the statutory period and would have also denied it on the merits if timely.

Rosa GutierrezSunbridge EscondidoAmerican Casualty CompanyPetition for ReconsiderationFindings and Orderindustrial injurybackneckleft shoulderlaundry worker

References

Case No. ADJ3584325

Regular

Nov 15, 2011

LINDA SMITH vs. ESCONDIDO UNION SCHOOL DISTRICT, Permissibly Self-Insured, Administered By CORVEL CORP.

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant Linda Smith's low back surgery. The Board affirmed the award for surgery, agreeing with the WCJ's reliance on consulting physician and Agreed Medical Examiner opinions. However, the Board rescinded the award of attorney's fees, finding it premature and improperly delegated to the parties without proper submission or consideration by the Board. The Board clarified that the Appeals Board has exclusive jurisdiction to fix attorney fees, which requires a detailed request and Board approval.

WCABPetition for ReconsiderationFindings and AwardAgreed Medical Examiner (AME)Consulting PhysicianLabor Code section 4062Rule 9792Mandatory Settlement Conference (MSC)Labor Code section 5814Attorney Fees

References

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ROSA GUTIERREZ vs. SUNBRIDGE ESCONDIDO, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA

Rosa GutierrezSunbridge EscondidoAmerican Casualty CompanyPetition for ReconsiderationFindings and Orderindustrial injurybackneckleft shoulderlaundry worker

LINDA SMITH vs. ESCONDIDO UNION SCHOOL DISTRICT, Permissibly Self-Insured, Administered By CORVEL CORP.