Home/Case Law/MARGARET YAMAGUCHI vs. STATE OF CALIFORNIA
Regular DecisionReconsideration

MARGARET YAMAGUCHI vs. STATE OF CALIFORNIA

Filed: Mar 19, 2012
San Francisco
ADJ2643534 (SBR 0319170)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration because it was filed late. The petition sought an increase in attorney's fees awarded on the applicant's life pension, arguing the initial award did not account for future increases under Labor Code section 4659(c). Even if timely, the petition would have been dismissed for failing to include proof of service of a notice of adverse interest on the applicant, as required by WCAB Rule 10778. The WCAB noted the petition also lacked clarity regarding the specific grounds for the fee increase request.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration because it was filed late. The petition sought an increase in attorney's fees awarded on the applicant's life pension, arguing the initial award did not account for future increases under Labor Code section 4659(c). Even if timely, the petition would have been dismissed for failing to include proof of service of a notice of adverse interest on the applicant, as required by WCAB Rule 10778. The WCAB noted the petition also lacked clarity regarding the specific grounds for the fee increase request.

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MARGARET YAMAGUCHI vs. STATE OF CALIFORNIA (2012) – San Francisco | CompFox