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The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an attorney fee award. The administrative law judge ordered the defendant to pay $112,948.00 in attorney fees for enforcing a medical treatment award that the defendant had unreasonably delayed. The Board found the fee reasonable based on the attorney's experience and the necessity of the services, clarifying that Labor Code section 5814.5 awards reasonable fees to compensate for costs incurred due to unreasonable delay, not as punitive damages. Therefore, the defendant was liable for the attorney's fees.
CHARLES ABERNATHY vs. WHITWOOD BAPTIST CHURCH, FARMERS WESTLAKE VILLAGE is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an attorney fee award. The administrative law judge ordered the defendant to pay $112,948.00 in attorney fees for enforcing a medical treatment award that the defendant had unreasonably delayed. The Board found the fee reasonable based on the attorney's experience and the necessity of the services, clarifying that Labor Code section 5814.5 awards reasonable fees to compensate for costs incurred due to unreasonable delay, not as punitive damages. Therefore, the defendant was liable for the attorney's fees.
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