MARK KITCHEN vs. LOWE'S COMPANIES, INC., Permissibly SelfInsured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior findings, determining that applicant's attorney, Brendan S. Burns, is entitled to attorney's fees. The WCAB found that by appearing in the case, Burns' firm put the defendant on notice of their claim for fees, similar to filing a lien, and the defendant's failure to withhold funds for fees from permanent disability benefits constituted a violation. The WCAB deferred issues regarding the exact amount of attorney's fees, penalties, and interest for further development at the trial level.