Philip O’leary, vs. Rosendin Electric, Inc. And Fremont Compensation Insurancecompany, In Liquidation, And Ciga,

(STK 0166375) is a case in which Philip O'Leary, the applicant, sought reconsideration of an order approving a compromise and release that was issued on October 20, 2006. The petition for reconsideration alleged that the Arbitrator's order directed the defendant to hold attorney fees in the amount of $3,720.00 in trust for a period of 30 days pending receipt of a petition and affidavit from applicant's counsel as to why it is entitled to entitlement to said fee. The Workers' Compensation Appeals Board granted the petition for reconsideration and ordered the parties to reconstruct the record in the case by providing the application for adjudication of claim, petitions, orders, minutes of hearing, summary of evidence, findings and awards, compromise

ROSENDIN ELECTRIC, INC. and FREMONT COMPENSATION INSURANCECOMPANY, in liquidation, and CIGA, PHILIP O’LEARY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPHILIP O’LEARY, Applicant,vs.ROSENDIN ELECTRIC, INC. andFREMONT COMPENSATION INSURANCECOMPANY, in liquidation, and CIGA, Defendant(s).Case No. ADJ1545080 (STK 0166375)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND ORDER TO RECONSTRUCT RECORD            Applicant’s counsel seeks reconsideration of the order approving compromise and release that issued on or about October 20, 2006. The petition for reconsideration alleges that the Arbitrator’s order directed defendant to hold attorney fees in the amount of $3,720.00 in trust for a period of 30 days pending receipt of a petition and affidavit from applicant’s counsel as to why it is entitled to entitlement to said fee. Applicant’s counsel contends that it never received the alleged order from the Arbitrator and that defendant released the attorney fees directly to applicant without any knowledge on the part of applicant’s counsel.            At the outset we note that our ability to review and consider the issues raised in the petition for reconsideration is hampered because we have not been provided with a complete record in this case. We have not been provided with the adjudication case file or the Arbitrator’s file. Only limited information is available through the Division of Workers’ Compensation’s Electronic Adjudication Management System (EAMS). Specifically, EAMS indicates that applicant filed an application for adjudication of claim on July 24, 2001 at the Stockton WCAB District Office, alleging injury arising out of and occurring in the course of employment to his neck, upper extremities, hand and back. The adjudication case file was transferred out of the , Stockton District Office on February 21, 2002, and was later returned to the Stockton District Office on March 22, 2002. From that date until the petition for reconsideration was

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