San Francisco Bay Area Transit District, Permissibly Self-Insured Clifford Mims WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACLIFFORD MIMS, Applicant,vs.SAN FRANCISCO BAY AREA TRANSIT DISTRICT, Permissibly Self-Insured, Defendants.Case No. ADJ6478466(Stockton District Office)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant’s attorney of record, Central Valley Injured Worker Legal Clinic Inc., seeks reconsideration and removal of the Findings and Award issued October 17, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that good cause existed to reopen applicant’s claim and reduce applicant’s disability award to 28% permanent partial disability. All other issues regarding Labor Code sections 5814 and 5814.5 were deferred. The issue of any modification to attorney fees was also expressly deferred. In a petition seeking reconsideration and removal, Central Valley Injured Worker Legal Clinic Inc., contends that the WCJ erred by ordering Central Valley Injured Worker Legal Clinic, Inc. to reimburse applicant for excess attorney fees as a result of the reduction of attorney fees from 15% to 12% and the reduction to 28% permanent partial disability. Central Valley Injured Worker Legal Clinic, Inc. argues that it “has done nothing to suggest that the initial attorney fees were obtained as any type of misdeed.” (Petition, p. 3 1. 24). Furthermore, it argues that the 15% attorney fee award is res judicata regarding the issue and it was improper to reduce the attorney fee award to 12%. No other issues are raised by petitioner. There is no citation to any actual order regarding petitioner’s fees. Based upon our review of the record, and for the reasons set forth herein, we will dismiss petitioner’s Petition for Reconsideration because there is no final order which is subject to , reconsideration and petitioner is not presently aggrieved. We will deny pe
Clifford Mims vs. San Francisco Bay Area Transit District, Permissibly Self-Insured
In this case, the San Francisco Bay Area Transit District was found to have good cause to reopen the claim of Clifford Mims and reduce his disability award to 28% permanent partial disability. The Central Valley Injured Worker Legal Clinic Inc. sought reconsideration and removal of the Findings and Award, arguing that the WCJ erred by ordering them to reimburse Mims for excess attorney fees. The petition was dismissed as there was no final order regarding the attorney fees and the petition for removal was denied as there was no showing of substantial prejudice or irreparable injury.
- Filed On:
- Court: California, Stockton
- Case No. ADJ6478466
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