Weslar, Inc.: And State Compensation Insurance Fund Jorge L. Cobian WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE L. COBIAN, Applicant,vs.WESLAR, INC.: and STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. AD32949384 (VNO 0519538) [Case No. ADR 09-151OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant. Gary L. Mcrklc. applicant’s most recent attorney, has filed a petition seeking reconsideration of the Findings and Order issued by the arbitrator, Samuel A. Gordon, on September 8. 2010 In that decision, the arbitrator determined that 56% of the S6.788.77 attorney’s fee in a cane-oul arbitration case should he distributed to Mcrklc and AA% should be distributed to applicant’s prior attorney’. Russell Glauber In his petition. Mcrklc contends that the fee division is not supported by substantial evidence and requests that he be awarded a higher fee. WCAB Rule 10865(f) (Cal. Code Regs., tit. 8. $ 10865(f)) provides that within 15 days after a petition for reconsideration has been filed from an arbitral or‘s decision in a carve-out case, the arbitrator shall submit 😮 the Appeals Board in San Francisco a photocopy of the complete record of proceedings, including: (ll the transcript of proceedings, it any: (2) a summary of testimony it the proceedings were not transcribed; and (3) the documentary evidence submitted by each of the panics. Rule 10865(1) timber provides that the original arbitration record shall not be filed Here. Merkle’s petition for reconsideration was filed on October 18. 2010. however, a photocopy of the complete record of proceedings was not submitted within 15 days. The clerical staff of the Appeals Board was advised by the arbitrator that a copy of the record was sent to San Francisco on November 15. 2010. but the copy of the record had not arrived by the morning of , November 29. 2010. which was the Iasi day for lhe Appeals Board lo acl on ih
