What the panel ordered
Petition for Reconsideration granted; Findings and Award affirmed except amended to find defendant liable for section 4064(c) attorney's fees; issue of amount deferred for further development; matter returned to trial level.
Applicant seeks reconsideration of the Findings and Award issued on December 7, 2020, challenging the denial of Labor Code section 4064(c) attorney's fees.
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.
Defendant filed a declaration of readiness to proceed while applicant was unrepresented, making defendant liable for attorney's fees under section 4064(c). The amount of fees is deferred for further development due to lack of evidence.
From the decision · page 3Subject to Section 4906, if an employer files a declaration of readiness to proceed and the employee is unrepresented at the time the declaration of readiness to proceed is filed, the employer shall be liable for any attorney's fees incurred by the employee in connection with the declaration of readiness to proceed. (§ 4064(c).)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.