CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed a former attorney's petition for reconsideration because it was untimely filed. The attorney sought to overturn an order approving a compromise and release, alleging her lien for attorney fees was improperly handled by current counsel and the WCJ. Although the petition was dismissed for jurisdictional reasons, the WCAB recommended the trial judge treat it as a petition to set aside the order due to allegations of extrinsic fraud or mutual mistake regarding the attorney's lien. A hearing will be necessary to present evidence and allow the WCJ to issue a decision on setting aside the compromise and release.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed a former attorney's petition for reconsideration because it was untimely filed. The attorney sought to overturn an order approving a compromise and release, alleging her lien for attorney fees was improperly handled by current counsel and the WCJ. Although the petition was dismissed for jurisdictional reasons, the WCAB recommended the trial judge treat it as a petition to set aside the order due to allegations of extrinsic fraud or mutual mistake regarding the attorney's lien. A hearing will be necessary to present evidence and allow the WCJ to issue a decision on setting aside the compromise and release.
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