E. & J. GALLO WINERY, permissibly self-insured, MARIA PARRA (BECERRA), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA PARRA (BECERRA), Applicant,vs.E. & J. GALLO WINERY, permissibly self-insured, Defendants.Case Nos. ADJ3665088 (STK 0215496)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISIONAFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Order filed in this case on September 30, 2009 wherein the workers’ compensation administrative law judge (WCJ) found defendant responsible for payment of applicant’s attorney fees in the amount of $351.90. Defendant contends that the WCJ erred in ordering it to pay applicant’s counsel an attorney fee because it fully paid applicant all permanent disability indemnity to which she is entitled in this case before she became represented by counsel. We have considered the petition for reconsideration, the Report and Recommendation on Petition for Reconsideration (Report) filed by the WCJ, and the entire record presented in this case. An answer to the petition has not been filed by applicant. Defendant has also requested permission to file a supplemental petition in response to the Report pursuant to Cal. Code of Regs., title 8, section 19848. We will grant the request and allow defendant’s supplemental petition. For the reasons discussed below, we will grant reconsideration and reverse the decision.RELEVANT FACTS Applicant, born December 23, 1958, while employed on September 24, 2007, as an operator (Occupational Group 332) by defendant sustained injury arising out of and occurring in the course of her employment to her right hip. Defendant accepted the injury as industrial and , provided medical treatment. Applicant did not lose any time from work as a result of the injury. Applicant was evaluated by a Qualified Medical Evaluator, Dr. Moses, who opined that the injury caused permanent disability of 5%. On January 17, 2008, defendant m
Maria Parra (becerra), vs. E. & J. Gallo Winery, Permissibly Self-insured,
In this case, Maria Parra (Becerra) was injured while employed by E. & J. Gallo Winery. The defendant accepted the injury as industrial and provided medical treatment, but the applicant did not lose any time from work as a result of the injury. The defendant made a lump sum payment to the applicant of the full amount of permanent disability indemnity as reflected in the Qualified Medical Evaluator's report. The applicant then became represented by counsel and the case was scheduled for trial. The only issue remaining to be presented to the WCJ at trial was the issue of the applicant's attorney's entitlement to an attorney fee. The WCJ found that the applicant's attorney was entitled to an attorney fee of $351.
- Filed On:
- Court: California, Stockton
- Case No. ADJ3665088
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