Home/Case Law/PATSY VAN BUSKIRK vs. MOCEO E.V. COMPANY, CIGA
Regular DecisionReconsideration

PATSY VAN BUSKIRK vs. MOCEO E.V. COMPANY, CIGA

Filed: Sep 30, 2009
San Francisco
ADJ4559849

CompFox AI Summary

The Workers' Compensation Appeals Board affirmed a judge's decision denying attorney fees under Labor Code section 4607. The applicant's attorneys argued fees were owed because the defendant constructively terminated medical treatment without filing a formal petition to terminate the award. However, the Board found that the defendant only disputed specific treatment requests, not initiated proceedings to terminate the overall award of future medical care. Therefore, pursuant to Smith v. Workers' Comp. Appeals Bd., attorney fees under section 4607 were not applicable.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board affirmed a judge's decision denying attorney fees under Labor Code section 4607. The applicant's attorneys argued fees were owed because the defendant constructively terminated medical treatment without filing a formal petition to terminate the award. However, the Board found that the defendant only disputed specific treatment requests, not initiated proceedings to terminate the overall award of future medical care. Therefore, pursuant to Smith v. Workers' Comp. Appeals Bd., attorney fees under section 4607 were not applicable.

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PATSY VAN BUSKIRK vs. MOCEO E.V. COMPANY, CIGA (2009) – San Francisco | CompFox