Home/Case Law/LUVIA LEMUS vs. KOLA HOTEL, LLC, GRANITE STATE INSURANCE COMPANY
Regular DecisionReconsideration

LUVIA LEMUS vs. KOLA HOTEL, LLC, GRANITE STATE INSURANCE COMPANY

Filed: Aug 14, 2018
San Francisco
ADJ644921 (AHM 0123063)

CompFox AI Summary

This case involves a dispute over attorney fee distribution following a workers' compensation settlement. The applicant's former attorneys, DiMarco, sought reconsideration of a decision that placed responsibility for paying their portion of the attorney fees solely on the current attorney, Robert Keen. DiMarco argued the defendant hotel had agreed to hold the fees in trust, but the Order Approving Compromise and Release (OACR) stated Keen would receive the full fee and be responsible for paying prior attorneys. The Board denied reconsideration, finding the OACR's language clearly transferred all responsibility for fee distribution to Keen and discharged the defendant's liability. The Board noted DiMarco's failure to seek timely reconsideration of the OACR precluded challenging the defendant's discharge from liability.

Full Decision Text1 Pages

This case involves a dispute over attorney fee distribution following a workers' compensation settlement. The applicant's former attorneys, DiMarco, sought reconsideration of a decision that placed responsibility for paying their portion of the attorney fees solely on the current attorney, Robert Keen. DiMarco argued the defendant hotel had agreed to hold the fees in trust, but the Order Approving Compromise and Release (OACR) stated Keen would receive the full fee and be responsible for paying prior attorneys. The Board denied reconsideration, finding the OACR's language clearly transferred all responsibility for fee distribution to Keen and discharged the defendant's liability. The Board noted DiMarco's failure to seek timely reconsideration of the OACR precluded challenging the defendant's discharge from liability.

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