Myrle Bowlby vs. New Coating Painting Company; State Compensation Insurance Fund

This case is about a dispute over the allocation of attorney fees between the applicant's current and former attorneys and the lien claimant. The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration and amended the Findings and Award to reflect an agreement between the parties on the allocation of attorney fees.

New Coating Painting Company; State Compensation Insurance Fund Myrle Bowlby WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMYRLE BOWLBY, Applicant,vs.NEW COATING PAINTING COMPANY; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case Nos. ADJ1973175 (GRO 0030416)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Kathleen M. Ortega on her own behalf and on behalf of Richard L. Hauessler (lien claimant) seeks reconsideration of the Findings and Award (F & A) issued by a workers’ compensation administrative law judge (WCJ) on May 11, 2011. As relevant here, the F&A awarded lien claimant attorney fees in the amount of $300.00 for representation of applicant in this case.            On June 13, 2011, we received a letter from David G. Schumaker, applicant’s current attorney, advising that a resolution has been reached for a division of attorney fees between Finestone, Schumaker & McGavin; lien claimant; and Glass and Seebode, who previously represented applicant. The letter requests that we amend the F&A to reflect the agreement on the allocation of attorney fees in this case.            The WCJ has prepared a Report and Recommendation on Petition for Reconsideration (Report). The Report was issued prior to June 13, 2011. Nonetheless, we note that the WCJ recommends that reconsideration be granted and that we amend the F&A to afford applicant’s current and former attorney and lien claimant an opportunity to reach an amicable allocation of attorney fees awarded in this case. ,             We have considered the allegations of the petition for reconsideration, the Report of the WCJ, and the June 13, 2011 letter that sets forth the agreement as to the allocation of attorney fees previously found and awarded herein. Based on our review of the record, we will grant lien claimant’s petition for reconsideration and amend the F&A to reflect and incorporate the resolution regarding the allocation of attorney fees.      

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