Home/Case Law/MARLON WHITLEY vs. BELL PLASTICS, THE HARTFORD
Regular DecisionReconsideration

MARLON WHITLEY vs. BELL PLASTICS, THE HARTFORD

Filed: Apr 27, 2015
San Francisco
ADJ7419350

CompFox AI Summary

The Appeals Board granted reconsideration of the WCJ's attorney fee split, rescinding the original order. The WCJ failed to adequately consider all statutory factors for a reasonable attorney fee, specifically the responsibility assumed, care exercised, and results obtained, relying too heavily on estimated hours. The case is returned to the WCJ for further proceedings, development of the record, and a new decision. This new decision must properly consider all relevant factors mandated by Labor Code section 4906 and WCAB Rule 10775.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of the WCJ's attorney fee split, rescinding the original order. The WCJ failed to adequately consider all statutory factors for a reasonable attorney fee, specifically the responsibility assumed, care exercised, and results obtained, relying too heavily on estimated hours. The case is returned to the WCJ for further proceedings, development of the record, and a new decision. This new decision must properly consider all relevant factors mandated by Labor Code section 4906 and WCAB Rule 10775.

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