CON QUIP, INC.; THE SENTRY INSURANCE A MUTUAL COMPANY DAVID SIRES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID SIRES, Applicant,vs.CON QUIP, INC.; THE SENTRY INSURANCE A MUTUAL COMPANY, Defendants.Case Nos. ADJ8449286(Sacramento District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted applicant’s Petition for Reconsideration on July 7, 2014 to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant and his attorney sought reconsideration of the Findings, Awards & Orders (F&A) issued by a workers’ compensation administrative law judge (WCJ) on April 25, 2014. The WCJ found In pertinent part that applicant sustained industrial injury to his head, headaches, and psyche, but not to his back or faculties resulting in dizziness or cognitive problems; that applicant’s injury caused 10% permanent disability; and that applicant’s attorney was entitled to a fee of $518.00. Applicant contended that the report of panel Qualified Medical Evaluator (QME) neurologist Oscar Espinas, M.D., was substantial evidence to support a finding of injury to applicant’s claimed body parts, further permanent disability, and need for medical treatment, and alternatively, that the WCJ should have ordered further development of the record. Applicant’s attorney separately contended that he and his client had agreed to an attorney’s fee of 15% of the award of permanent disability and requested that he be awarded an attorney’s fee of 15% or $1,200.00. We did not receive an Answer from defendant. The WCJ prepared a Report and Recommendation on Petition for Re.consideration (Report) which recommended that the Petition be granted for the purpose of amending the F&A to allow a $1,200 attorney’s fee, but otherwise that it be affirmed. , WCAB Rule 10778 requires that when an applicant’s attorney requests an increased fee, the attorney must provide written notice to
Menu
