CompFox AI Summary
This case concerns applicant Dawn Schroeder's petition for reconsideration of an award that included penalties for delayed mileage claims but limited attorney's fees. The Appeals Board granted reconsideration, amended the award to defer the issue of attorney's fees, and returned the matter to the trial level for further proceedings. The Board noted that attorney fees under Labor Code section 5814.5 should be based on a reasonable hourly rate, not a percentage of recovery, and deferred ruling on fees under section 4607 pending a Supreme Court decision.
Full Decision Text1 Pages
This case concerns applicant Dawn Schroeder's petition for reconsideration of an award that included penalties for delayed mileage claims but limited attorney's fees. The Appeals Board granted reconsideration, amended the award to defer the issue of attorney's fees, and returned the matter to the trial level for further proceedings. The Board noted that attorney fees under Labor Code section 5814.5 should be based on a reasonable hourly rate, not a percentage of recovery, and deferred ruling on fees under section 4607 pending a Supreme Court decision.
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