CompFox AI Summary
The Appeals Board granted reconsideration, rescinding the WCJ's order denying attorney fees on a late payment penalty. The WCJ failed to develop an adequate record for decision, necessitating a return to the trial level. Applicant's attorney claims entitlement to fees on the penalty paid to the applicant, arguing the statute doesn't prohibit it. However, the Board noted that entitlement under other provisions must still be shown, and procedural rule 10778 regarding notice to the applicant was also not met.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinding the WCJ's order denying attorney fees on a late payment penalty. The WCJ failed to develop an adequate record for decision, necessitating a return to the trial level. Applicant's attorney claims entitlement to fees on the penalty paid to the applicant, arguing the statute doesn't prohibit it. However, the Board noted that entitlement under other provisions must still be shown, and procedural rule 10778 regarding notice to the applicant was also not met.
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