E.L. CRUCHLEY, D.D.S./FAIR OAKS DENTAL ASSOCIATES; STATE AND DECISION AFTER COMPENSATION INSURANCE FUND, MIRIAM RODRIGUEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIRIAM RODRIGUEZ, Applicant,vs.E.L. CRUCHLEY, D.D.S./FAIR OAKS DENTAL ASSOCIATES; STATE AND DECISION AFTER COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4271849 (SAC 0309774)ORDER CORRECTING CLERICAL ERROR IN OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION On August 10, 2009, the Appeals Board issued an Opinion and Order Granting Reconsideration and Decision After Reconsideration in this matter. It has come to our attention that the decision contained a clerical error in the Orders on page 3, at line 5, which omits full reference to applicant’s attorney’s Petition for Attorney’s Fee and omits the action being ordered. In our Opinion, we noted that we would affirm the WCJ’s Order regarding the employer’s payment of applicant’s attorney’s deposition fee. We also noted that we would amend the Order to clarify that the petition was granted, that the deposition involved is that of applicant taken on August 9, 2007, and that SCIF had no liability for applicant’s attorney’s fees with respect to the employer’s deposition of applicant. However, through clerical error we omitted a portion of the Order, which we will now correct. We note that the Appeals Board may correct a clerical error without further proceedings at any time, notwithstanding the fact that the time for reconsideration has passed. (Toccalino v. Workers’ Comp. Appeals Bd. (1982) 128 Cal.App.3d 543 [47 Cal.Comp.Cases 145].) Accordingly, to avoid any confusion, we will reissue the Orders in this matter with the corrections discussed above./// , For the foregoing reasons, IT IS ORDERED that applicant’s June 8, 2009 Petition for Reconsideration, be, and the same hereby is GRANTED. IT IS FURTHER ORDERED as the Appeals Board’s Decis
Miriam Rodriguez, vs. E.l. Cruchley, D.d.s./fair Oaks dental Associates; State And Decision After Compensation Insurance Fund,
In this case, Miriam Rodriguez was appealing a decision by the Workers' Compensation Appeals Board regarding her attorney's fees and sanctions. The Appeals Board issued an Opinion and Order Granting Reconsideration and Decision After Reconsideration, but it was discovered that the decision contained a clerical error. The Appeals Board corrected the clerical error and ordered that the employer, E.L. Cruchley, D.D.S./Fair Oaks Dental Associates, pay the attorney's fee in the sum of $924.90 and that the State Compensation Insurance Fund had no liability for the attorney's fee. The Appeals Board also granted the request for an evidentiary hearing on sanctions and deferred the Petition for Sanctions. The
- Filed On:
- Court: California, Sacramento
- Case No. ADJ4271849
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