Home/Case Law/STEVE BALTIERRA vs. SAIA MOTOR FREIGHT, UNITED STATES FIDELITY AND GUARANTEED COMPANY
Regular DecisionReconsideration Decision

STEVE BALTIERRA vs. SAIA MOTOR FREIGHT, UNITED STATES FIDELITY AND GUARANTEED COMPANY

Filed: Jan 03, 2014
San Francisco
ADJ1586634 (LAO 0884541)

CompFox AI Summary

This case involved an employer who paid permanent disability benefits to an employee already represented by counsel, without withholding attorney fees. The Workers' Compensation Appeals Board granted reconsideration to address the attorney fee issue. The Board affirmed the original decision but amended it to explicitly order the employer to pay the attorney's fee of $1,071.23 in addition to the already paid indemnity. This was based on the principle that once an attorney's lien is established, payments without withholding fees can render the employer liable for those fees.

Full Decision Text1 Pages

This case involved an employer who paid permanent disability benefits to an employee already represented by counsel, without withholding attorney fees. The Workers' Compensation Appeals Board granted reconsideration to address the attorney fee issue. The Board affirmed the original decision but amended it to explicitly order the employer to pay the attorney's fee of $1,071.23 in addition to the already paid indemnity. This was based on the principle that once an attorney's lien is established, payments without withholding fees can render the employer liable for those fees.

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STEVE BALTIERRA vs. SAIA MOTOR FREIGHT, UNITED STATES FIDELITY AND GUARANTEED COMPANY (2014) – San Francisco | CompFox