What the panel ordered
The Findings and Award issued by the WCJ on December 8, 2020 was rescinded; the Stipulations With Request for Award filed July 14, 2022 were approved; attorneys' fees were allowed.
Applicant petitioned for reconsideration of the Findings and Award issued by the WCJ on December 8, 2020; reconsideration was granted and the matter was resolved by stipulations with request for award filed July 14, 2022.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board granted reconsideration, rescinded the prior Findings and Award, and approved the stipulations with request for award as adequate and in the applicant's best interest, including reasonable attorneys' fees.
From the decision · page 1The applicant timely petitioned for reconsideration1 of the Findings and Award that was issued by the workers' compensation administrative law judge (WCJ) on December 8, 2020. We granted reconsideration to study the factual and legal issues in this matter.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant timely petitioned for reconsideration of the Findings and Award issued by the WCJ on December 8, 2020.
Favours Applicant prevailed
This led to the Board granting reconsideration and reviewing the matter further.
From the decision · page 1The applicant timely petitioned for reconsideration1 of the Findings and Award that was issued by the workers' compensation administrative law judge (WCJ) on December 8, 2020. We granted reconsideration to study the factual and legal issues in this matter.
Applicant and SIBTF resolved the claim by Stipulations With Request for Award filed July 14, 2022.
Favours Applicant prevailed
The Board approved the stipulations as adequate and in the applicant's best interest, leading to rescission of the prior Findings and Award.
From the decision · page 1Following their participation in a commissioners' settlement conference set at our request, applicant and SIBTF resolved applicant's claim against SIBTF by Stipulations With Request for Award. The stipulations were filed on July 14, 2022.
The attorneys' fees requested were found reasonable and allowed by the Board.
Favours Applicant prevailed
This supported approval of the stipulations and the award.
From the decision · page 1We also conclude that the attorneys' fees requested are reasonable and should be allowed.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10700
The Workers' Compensation Appeals Board shall inquire into the adequacy of all compromise and release agreements and stipulations with request for award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards.
The Board applied this regulation to approve the stipulations with request for award as adequate and in the applicant's best interest.
From the decision · page 1"The Workers' Compensation Appeals Board shall inquire into the adequacy of all compromise and release agreements and stipulations with request for award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards." (Cal. Code Regs., tit. 8, § 10700.)
Labor Code section 5100.5
Attorneys' fees of 15% of the award are allowed pursuant to Labor Code section 5100.5.
The Board allowed attorneys' fees of 15% of the award as requested in the stipulations.
From the decision · page 1We also conclude that the attorneys' fees requested are reasonable and should be allowed.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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