CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order regarding attorney's fees. The Board is returning the case to the trial level to investigate allegations that the applicant's attorney engaged in unprofessional conduct to secure the applicant's consent to his fee request. If these allegations are not found credible, fees should be calculated based on the full settlement value, including Medicare Set-Aside funds, as established in prior case law. A new determination on attorney's fees will be issued after further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order regarding attorney's fees. The Board is returning the case to the trial level to investigate allegations that the applicant's attorney engaged in unprofessional conduct to secure the applicant's consent to his fee request. If these allegations are not found credible, fees should be calculated based on the full settlement value, including Medicare Set-Aside funds, as established in prior case law. A new determination on attorney's fees will be issued after further proceedings.
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