Home/Case Law/JAMES BARKER vs. COUNTY OF LOS ANGELES
Regular DecisionReconsideration

JAMES BARKER vs. COUNTY OF LOS ANGELES

Filed: Feb 08, 2010
ADJ1552157 (VNO 0463608)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding the County of Los Angeles unreasonably delayed VRMA benefits. While the Board found the WCJ's decision largely supported by law and evidence, it rescinded the award specifically due to an improper award of attorney's fees under Labor Code section 5814.5. The Board remanded the case to the trial level to allow the applicant's attorney to provide an itemized statement of services rendered to enforce the VRMA award, a prerequisite for determining reasonable attorney's fees under that section. The WCJ will then make a new decision addressing all issues, including the attorney's fees claim with proper documentation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding the County of Los Angeles unreasonably delayed VRMA benefits. While the Board found the WCJ's decision largely supported by law and evidence, it rescinded the award specifically due to an improper award of attorney's fees under Labor Code section 5814.5. The Board remanded the case to the trial level to allow the applicant's attorney to provide an itemized statement of services rendered to enforce the VRMA award, a prerequisite for determining reasonable attorney's fees under that section. The WCJ will then make a new decision addressing all issues, including the attorney's fees claim with proper documentation.

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