Home/Case Law/FRANCISCO GONZALEZ vs. DE LOACH RANCHES, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

FRANCISCO GONZALEZ vs. DE LOACH RANCHES, STATE COMPENSATION INSURANCE FUND

Filed: May 10, 2011
San Francisco
ADJ4349043 (SRO 0127691)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a lower decision regarding an attorney's fee. The applicant, found 100% permanently disabled, was awarded $33,600.00, representing approximately 12% of his permanent disability award. The applicant's attorney argued for a 15% fee, citing the complexity of the case and excellent results. The WCAB agreed the case was of above-average complexity and that a 15% fee was warranted, but deferred the final decision on the fee. This deferral was due to a technicality in the attorney's compliance with notice requirements to the applicant regarding the increased fee request. The case was returned to the trial level for proper notice and reconsideration of the award with a 15% attorney's fee, subject to applicant's objection.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a lower decision regarding an attorney's fee. The applicant, found 100% permanently disabled, was awarded $33,600.00, representing approximately 12% of his permanent disability award. The applicant's attorney argued for a 15% fee, citing the complexity of the case and excellent results. The WCAB agreed the case was of above-average complexity and that a 15% fee was warranted, but deferred the final decision on the fee. This deferral was due to a technicality in the attorney's compliance with notice requirements to the applicant regarding the increased fee request. The case was returned to the trial level for proper notice and reconsideration of the award with a 15% attorney's fee, subject to applicant's objection.

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