CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Balfour Beatty and Gallagher Bassett. This dismissal was based on the applicant's attorney's failure to provide proof of service demonstrating compliance with Appeals Board Rule 10778. Rule 10778 requires an attorney seeking an increase in fees to notify the applicant of the adverse interest and the applicant's right to independent counsel. The WCAB accepted the applicant's attorney's request to file supplemental pleadings but ultimately found the petition grounds for dismissal due to this procedural deficiency.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Balfour Beatty and Gallagher Bassett. This dismissal was based on the applicant's attorney's failure to provide proof of service demonstrating compliance with Appeals Board Rule 10778. Rule 10778 requires an attorney seeking an increase in fees to notify the applicant of the adverse interest and the applicant's right to independent counsel. The WCAB accepted the applicant's attorney's request to file supplemental pleadings but ultimately found the petition grounds for dismissal due to this procedural deficiency.
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