CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a decision that denied additional attorney's fees to a lien claimant. The applicant's attorney sought fees on retroactive Labor Code § 4850 benefits paid to the applicant, but the Board found no clear notice was given to the defendant before those benefits were paid and credited. Because the defendant had no reasonable opportunity to withhold fees and the benefits were primarily credits, it would be inequitable to award them now.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a decision that denied additional attorney's fees to a lien claimant. The applicant's attorney sought fees on retroactive Labor Code § 4850 benefits paid to the applicant, but the Board found no clear notice was given to the defendant before those benefits were paid and credited. Because the defendant had no reasonable opportunity to withhold fees and the benefits were primarily credits, it would be inequitable to award them now.
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