CompFox AI Summary
This case involves a lien claimant, Shandler & Associates, petitioning for reconsideration of a February 24, 2004 order approving a Compromise and Release. The lien claimant argues its attorneys' fees were unprotected and that applicant's counsel failed to pay them. However, the petition is dismissed as untimely because the lien claimant had actual notice of the settlement and order on February 14, 2004, making its October 5, 2012 filing nearly nine years later untimely. The Appeals Board lacks jurisdiction to consider petitions filed beyond the statutory 20-day period, and any disputes over fees should be pursued through contract remedies.
Full Decision Text1 Pages
This case involves a lien claimant, Shandler & Associates, petitioning for reconsideration of a February 24, 2004 order approving a Compromise and Release. The lien claimant argues its attorneys' fees were unprotected and that applicant's counsel failed to pay them. However, the petition is dismissed as untimely because the lien claimant had actual notice of the settlement and order on February 14, 2004, making its October 5, 2012 filing nearly nine years later untimely. The Appeals Board lacks jurisdiction to consider petitions filed beyond the statutory 20-day period, and any disputes over fees should be pursued through contract remedies.
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