CONQUIP INC SENTRY SELECT DAVID SIRES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID SIRES, Applicant,vs.CONQUIP, INC.; SENTRY SELECT, Defendants.Case No. ADJ8449286(Sacramento District Office)OPINION AND ORDERGRANTING PETITION FORRECONSIDERATION WITHNOTICE OF INTENTION TODISMISS PETITION FORRECONSIDERATION Applicant and his attorney seek reconsideration of the Findings, Awards & Orders (F&A) issued by a workers’ compensation administrative law judge (WCJ) on April 25, 2014. In pertinent part, the WCJ found that applicant, while employed by defendant, sustained injury arising out of and in the course of employment to his head, headaches, and psyche. The WCJ awarded permanent disability based on the reports of the Qualified Medical Evaluator, Dr. Wornian, as opposed to the Panel Qualified Medical Evaluator, Dr. Espinas. The WCJ awarded an attorney’s fee of $518 based on the award of permanent disability of $8,00 l.13. In the Petition, applicant’s attorney contends in pertinent part that the amount of attorney’s fees awarded is not consistent with the amount of work performed by applicant’s attorney and is inconsistent with the award of permanent disability. On our review of the adjudication file in the Electronic Adjudication Management System (EAMS), we noticed the required notices to applicant which are required under Workers’ Compensation Appeals Board (WCAB) Rule 10778 when requesting an increased fee ire not attached to the Petition and are not in the record in Electronic Adjudication Management System (EAMS). (Cal. Code Regs., tit. 8, § 10778.) We have not received an Answer from defendant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that we grant the Petition for the purpose of awarding a $1,200 attorney’s fee, but in all other respects recommended we deny the Petition. While we recognize the WCJ recommended the award of the increased fee, the required notices we referenc
Menu
