Home/Case Law/SALVADOR VILLASENOR vs. TRADESMAN INTERNATIONAL, INC., SEDGWICK CMS
Regular DecisionReconsideration

SALVADOR VILLASENOR vs. TRADESMAN INTERNATIONAL, INC., SEDGWICK CMS

Filed: Nov 03, 2020
Los Angeles
ADJ12394905

CompFox AI Summary

The WCAB granted reconsideration to address the defendant's sole contention that the WCJ erred in awarding attorney fees "until the date of the order" regarding temporary disability indemnity. The Board rescinded the original order and issued a new one clarifying that attorney fees are to be calculated on the delayed temporary disability and penalty amounts. The parties are permitted to adjust these fees themselves, with jurisdiction reserved at the trial level for any disputes. The substantive findings on earnings, temporary disability rate, and the 10% late payment penalty remain unchanged.

Full Decision Text1 Pages

The WCAB granted reconsideration to address the defendant's sole contention that the WCJ erred in awarding attorney fees "until the date of the order" regarding temporary disability indemnity. The Board rescinded the original order and issued a new one clarifying that attorney fees are to be calculated on the delayed temporary disability and penalty amounts. The parties are permitted to adjust these fees themselves, with jurisdiction reserved at the trial level for any disputes. The substantive findings on earnings, temporary disability rate, and the 10% late payment penalty remain unchanged.

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