Newport-Mesa Unified School District, permissibly self-insured, administered by Keegan & Associates Carmen Santangelo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARMEN SANTANGELO, Applicant,vs.NEWPORT-MESA UNIFIED SCHOOL DISTRICT, permissibly self-insured,administered by KEEGAN & ASSOCIATES, Defendant,THOMAS HEWKO, D.C., and his hearing representative DAN ESCAMILLA;Lien claimant and Party in interestCase No. ADJ3897299 (ANA 0372417)OPINION AND DECISION AFTER RECONSIDERATION We earlier granted the separate petitions of Thomas Hewko, D.C., and of his hearing representative, Dan Escamilla, for reconsideration of the December 8, 2009 Findings and Award of workers’ compensation administrative law judge (WCJ) who found, in pertinent part, that “defense counsel, Steven Falk, and his client, the Newport-Mesa Unified School District, are entitled to recover costs and attorney’s fees from Dr. Hewko and Daniel Escamilla in a joint and several Award, in the amount of $57,610.27.” The WCJ further found that defendant’s motion that Mr. Escamilla be denied the privilege of practicing before the Workers’ Compensation Appeals Board pursuant to Labor Code section 4907 could only be heard and decided by the Appeals Board and the issue was referred to the Appeals Board.1 1 Further statutory references are to the Labor Code. , Applicant’s claim of industrial injury to her neck, back and psyche while employed as an Attendance Technician by defendant on November 1, 1999, was earlier settled by a compromise and release agreement approved by the WCJ on July 24, 2006, with a lump sum payment of $12,500.2 Lien claimant’s petition for reconsideration of the order approving the compromise and release was denied by the Appeals Board on September 14, 2006. Thereafter, on October 25, 2007, the WCJ found at a lien trial that applicant did not sustain industrial injury as alleged, and disallowed the lien claim of Dr. Hewko/Back Pain Chiropractic for that reason. Lie
Carmen Santangelo vs. Newport-Mesa Unified School District
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ3897299
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