Labor Code 4064(c) Defense files Application on pro per (Cal

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Labor Code 4064(c) Defense files Application on pro per (Cal

Postby laesquire on Mon Mar 02, 2009 10:20 am

SCENARIO:

1. Injured worker does NOT have an attorney.

2. Final medical and the case is ready to setttle off PTP which Applicant agrees.

3. The Defense wants to file the Application for Adjudication of claim, C&R etc to get it before the WCAB to approve a C&R. Labor Code 4064(c) seems to say if the Defense files the C&R and or Application for Adjudication of claim they pay subsequent Applicant attorney fees if so retained.


QUESTION:

1. How does the Defense get the case before the WCAB to approve the C&R without getting hit with Labor Code 4064(c) attorney fees?
:mrgreen:
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Re: Labor Code 4064(c) Defense files Application on pro per (Cal

Postby steelmanlaw on Mon Mar 02, 2009 10:50 am

If you are concerned about hypertechnical application of 4064(c), simply tell the I/W to mail the C&R to the Board. In this way, employer did not file an application, the employee did. (This assumes in the first instance filing a C&R is tantamount to filing an application as is contemplated in section 4064; however, legal semantics aside, the Board would not reasonably construe 4064(c) to regard the filing of a C&R as the filing of an application within the extraordinary attorney fee rule.)
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Re: Labor Code 4064(c) Defense files Application on pro per (Cal

Postby laesquire on Tue Mar 03, 2009 12:22 pm

Thank you.
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Re: Labor Code 4064(c) Defense files Application on pro per (Cal

Postby postscript2 on Wed Mar 04, 2009 3:10 pm

If the I/W is in a real hurry to obtain approval, they can file an application and the defense would hire an attorney for a small flat fee to meet at the WCAB and obtain an Order on the "spot."

I used to do this all of the time.

Some C&R's are set for adequacy in which no application is filed at all. Same procedure as above. Sumitting settlement documents invokes jurisdiction with the WCAB, so in a sense, it serves as an "application."

Good Luck, very simple.

LCS ;)
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