Opinion
San Jose District Office
OPINION AND DECISION AFTER RECONSIDERATION
KATHERINE A. ZALEWSKI, CHAIR
The defendant timely petitioned for reconsideration of the Findings and Award that was issued by the workers’ compensation administrative law judge (WCJ) on September 3, 2021. We granted reconsideration to study the factual and legal issues in this matter. This is our Opinion and Decision after Reconsideration.
Following their participation in a commissioners’ settlement conference set at our request, applicant and SIBTF resolved applicant’s claim against SIBTF by Stipulations With Request for Award. The stipulations were filed on February 18, 2022.
WCAB Rule 10700 states that:
“The Workers’ Compensation Appeals Board shall inquire into the adequacy of all compromise and release agreements and stipulations with request for award, and may set the matter for hearing to take evidence when necessary to determine whether the agreement should be approved or disapproved, or issue findings and awards.” (Cal. Code Regs., tit. 8, § 10700.)
After considering the Stipulations in light of the entire record, we conclude that they are adequate and in applicant’s best interest.
We also conclude that the attorneys’ fee requested is reasonable and should be allowed.
Therefore, as our Decision After Reconsideration, we approve the Stipulations With Request for Award.
For the foregoing reasons,
IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the Findings and Award issued by the WCJ on September 3, 2021 be RESCINDED.
IT IS FURTHER ORDERED that the Stipulations With Request for Award filed in this matter on February 18, 2022, be
APPROVED.
AWARD AWARD IS MADE in favor of MARK BOWER against SUBSEQUENT INJURIES TRUST FUND of:
(1) Permanent disability indemnity and payment of benefits as specified in paragraph 5 of the Addendum to the Stipulations With Request for Award (Addendum);
(2) Less an attorneys’ fee of 15% of the award pursuant to Labor Code section 5100.5, in accordance with paragraph 8 of the Addendum;
(3) Less credit as provided in paragraph 7 of the Addendum;
(4) Any payment from SIBTF is contingent upon the availability of funds to pay this claim and the authority to make payments in accordance with paragraph 9 of the Addendum.
(5) Payment of the award is considered timely, with interest included on all sums payable under this award in accordance with paragraph 9 of the Addendum.
I CONCUR, MARGUERIE SWEENEY, COMMISSIONER, JOSé H. RAZO, COMMISSIONER