Home/Case Law/ARTURO SANTIAGO vs. AYALA CONSTRUCTION, CLARENDON NATIONAL INSURANCE COMPANY
Regular DecisionReconsideration

ARTURO SANTIAGO vs. AYALA CONSTRUCTION, CLARENDON NATIONAL INSURANCE COMPANY

Filed: Jan 07, 2010
ADJ4163196

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's order that denied a lien claimant's claim and ordered them to pay the defendant's attorney fees. The Appeals Board found the WCJ erred by not following the required procedural steps for awarding attorney fees under Labor Code section 5813 and Rule 10561, specifically the lack of a written application and sufficient findings. While affirming the denial of the lien claim, the Appeals Board amended the order to strike the award of attorney fees against the lien claimant.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's order that denied a lien claimant's claim and ordered them to pay the defendant's attorney fees. The Appeals Board found the WCJ erred by not following the required procedural steps for awarding attorney fees under Labor Code section 5813 and Rule 10561, specifically the lack of a written application and sufficient findings. While affirming the denial of the lien claim, the Appeals Board amended the order to strike the award of attorney fees against the lien claimant.

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