MAP WEST, INC.; STATE COMPENSATION INSURANCE FUND, JAMES TIMS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES TIMS, Applicant,vs.MAP WEST, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ805973 (RIV 0077072)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the Order Approving Compromise and Release issued by the workers’ compensation administrative law judge (WCJ) on September 3, 2009, wherein the WCJ approved the settlement of applicant’s workers’ compensation claims for the sum of $37,500.00 in addition to all benefits previously paid, less permanent disability advances of $11,476.20. The parties had agreed to settle applicant’s claims that he sustained industrial injury to his lower extremity while employed as a tour guide trainee on September 9, 2006. Defendant contends the WCJ erred in approving the compromise and release (C&R), arguing that the C&R should be set aside because it does not address or resolve the lien for attorney’s fees of applicant’s former attorney, Edward W. Lloyd, Esq. We have considered the petition for reconsideration, and we have reviewed the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be granted and that the matter be returned to the trial level for further proceedings. For the reasons set forth in the WCJ’s Report and discussed below, we will grant reconsideration, rescind the September 3, 2009 Order Approving Compromise and Release, and return the matter to the trial level for further proceedings and a new decision by the WCJ. , The WCJ wrote in his Report: “The case file reflects, and SCIF alleges in the petition for reconsideration that an attorney employed by SCIF, Troy Hansen, presented the Compromise and Release to Workers’ Compensation Judge Gene Lam on the walk-through calendar on J
James Tims, vs. Map West, Inc.; State Compensation Insurance Fund,
(RIV 0077072) is a case in which defendant MAP WEST, INC. and the STATE COMPENSATION INSURANCE FUND sought reconsideration of the Order Approving Compromise and Release issued by the workers' compensation administrative law judge (WCJ) on September 3, 2009. The WCJ had approved the settlement of applicant's workers' compensation claims for the sum of $37,500.00 in addition to all benefits previously paid, less permanent disability advances of $11,476.20. The defendant argued that the WCJ erred in approving the compromise and release (C&R), as it did not address or resolve the lien for attorney's fees of applicant's former attorney, Edward W. Lloyd
- Filed On:
- Court: California, Riverside
- Case No. ADJ805973
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