What the panel ordered
Joint Findings of Fact and Order issued on March 9, 2021, rescinded; matter returned to trial level for further proceedings consistent with this decision.
Petition for reconsideration of the Joint Findings of Fact and Order issued on March 9, 2021, granted to further study factual and legal issues; matter returned to trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ's allocation of attorney's fees was not supported by evidence showing how much time each attorney spent performing legal work, and the WCJ failed to apply the factors required by Labor Code section 4906(d).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ allocated attorney's fees by splitting one third to CVIWLC for initiating litigation, one third to Vargas for settling, and the remaining third based on pro rata time the file was held, without evidence of actual time spent.
Favours Applicant prevailed
This allocation was not supported by evidence and did not apply the required factors under Labor Code section 4906(d), leading to rescission and remand.