Muranaka Farms; Zenith Insurance Company, Dulce Gonzalez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADULCE GONZALEZ,Applicant,vs.MURANAKA FARMS; ZENITH INSURANCE COMPANY,Defendants.Case No. ADJ8912819(Oxnard District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on August 22, 2017. By the F&O, the WCJ ordered defendant to pay $1,125.00 to applicant’s attorney for reasonable attorney’s fees for failure to appear at trial. Defendant contends that there is no valid basis for the award of attorney’s fees and that sanctions against applicant should be imposed for a lack of good faith in his Petition for Sanctions and Attorney’s Fees. We did not receive an answer from applicant. The WCI filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. We have considered the allegations of defendant’s Petition for Reconsideration and the contents of the WCJ’s Report with respect thereto. Based on our review of the record, we will grant reconsideration and rescind the F&O.FACTUAL BACKGROUND Applicant sustained a specific injury to her bilateral knees on September 12, 2012 while employed as vegetable picker for Muranaka Farms. Defendant accepted the claim and paid temporary disability benefits from September 18, 2012 through September 15, 2014 at the rates of $548.27 and , $405.07. (Minutes of Hearing and Summary of Evidence, June 16, 2017, p. 2.) Defendant filed a Petition for Credit for overpayment of temporary disability in May 2015. The matter was scheduled for trial on March 18, 2016. No appearance was made by defendant. (Minutes of Hearing, March 18, 2016.) Applicant’s attorney contacted defendant’s attorney by phone and the parties agreed to continue the mat
Dulce Gonzalez, vs. Muranaka Farms; Zenith Insurance Company,
is a case in which Muranaka Farms and Zenith Insurance Company were defendants and Dulce Gonzalez was the applicant. The applicant requested $1,125.00 for 2.5 hours of time at the rate of $450.00 per hour for defendants failure to appear at the trial. The Workers' Compensation Appeals Board granted the petition for reconsideration and rescinded the Findings and Order, finding that attorney's fees were not warranted as the defendant's failure to appear was caused by a simple human error.
- Filed On:
- Court: California, Oxnard
- Case No. ADJ8912819
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