Home/Case Law/JUAN FRANCISCO MARTINEZ vs. PARAGON STEAKHOUSE, ATLANTIC MUTUAL INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT
Regular DecisionReconsideration

JUAN FRANCISCO MARTINEZ vs. PARAGON STEAKHOUSE, ATLANTIC MUTUAL INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT

Filed: Dec 11, 2008
San Francisco
ADJ3442472

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to amend the attorney's fee award for applicant's counsel. While affirming the prior decision to deny penalties for delayed temporary disability payments due to specific case circumstances and existing precedent, the Board recognized applicant's entitlement to an attorney's fee of 15% on the entire unpaid temporary disability indemnity. This amendment ensures the attorney's fee covers all awarded temporary disability, including periods where permanent disability advances were made.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to amend the attorney's fee award for applicant's counsel. While affirming the prior decision to deny penalties for delayed temporary disability payments due to specific case circumstances and existing precedent, the Board recognized applicant's entitlement to an attorney's fee of 15% on the entire unpaid temporary disability indemnity. This amendment ensures the attorney's fee covers all awarded temporary disability, including periods where permanent disability advances were made.

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