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EVA ERDOHEGYESI vs. ARTHUR J. GALLAGHER & COMPANY; Administered By GALLAGHER BASSETT SERVICES

ARTHUR J. GALLAGHER & COMPANY; administered by GALLAGHER BASSETT SERVICES EVA ERDOHEGYESI WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEVA ERDOHEGYESI, Applicant,vs.ARTHUR J. GALLAGHER & COMPANY; administered byGALLAGHER BASSETT SERVICES, Defendants.Case No. ADJ1613831 (LAO 0880232)(Oakland District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Lien claimant the Law Offices of Graiwer & Kaplan, LLP (“Graiwer & Kaplan”) petitions for reconsideration of the August 31, 2012 Order Dismissing Liens. In that decision, the workers’ compensation administrative law judge (“WCJ”) dismissed the liens of Graiwer & Kaplan and other lien claimants for failure to object to an August 1, 2012 Notice of Intention to Dismiss.            Lien claimant, former counsel for applicant, contends that its lien should not have been dismissed, arguing that it accepted an offer from applicant’s present counsel, Boxer and Gerson, LLP (“Boxer & Gerson”) on August 27, 2012, thereby settling Graiwer & Kaplan’s claim for attorneys’ fees.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report”). For the reasons stated in the Report, which we hereby adopt and incorporate by reference, and for the reasons set forth below, we will dismiss the Petition.            An order approving the parties’ compromise and release was issued on March 16, 2011. Under that order, $6,000.00 in attorneys’ fees were awarded to applicant’s counsel. Graiwer & Kaplan contends that it reached an agreement with the law firm Boxer & Gerson under which lien claimant agreed to accept $1,000.00 for its services, while Boxer & Gerson received $5,000.00. The Petition does not allege that this agreement has been violated or that lien claimant’s share of the fees has not been paid, so it , appears that there is no present

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