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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7419350
Regular
Apr 27, 2015

MARLON WHITLEY vs. BELL PLASTICS, THE HARTFORD

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.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's Fee SplitLabor Code section 4906WCAB Rule 10775Findings and OrderSanctionHourly Attorney's FeesGood Faith NegotiationTime Expended
References
Case No. ADJ6645846
Regular
Mar 21, 2014

TOM LEYBA TIMOTHY LEYBA vs. BEAU BUREAUX INTERIORS, STATE COMPENSATION INSURANCE FUND

This case concerns the allocation of attorney's fees in a workers' compensation matter. The applicant sustained injuries to multiple body parts, and a stipulation was reached regarding the injury and employment. The primary dispute was between prior counsel, Norman & Norman, and present counsel, Ufkes & Bright, over the division of the total attorney's fee award. The Appeals Board reconsidered the decision and, adopting the WCJ's recommendation, amended the fee allocation. Norman & Norman was awarded $7,684.00, while Ufkes & Bright received $21,866.00, recognizing Ufkes & Bright's longer representation and greater contribution to the case.

Workers' Compensation Appeals BoardADJ6645846Opinion and Decision After Reconsiderationindustrial injuryneckshoulderpsychebackdigestive systemurological injury
References
Case No. ADJ7688511
Regular
Jul 18, 2012

VIRGINIA MARTINEZ vs. SUPERIOR COURT OF ORANGE, CORVEL

The Workers' Compensation Appeals Board denied reconsideration of an order disallowing lien claimant's attorney fees. The Board found the lien claimant's fee claim excessive and unsubstantiated, particularly as the applicant negotiated a settlement herself after dismissing the lien claimant. Furthermore, any alleged fee agreement was invalid due to untimely submission and non-compliance with statutory requirements for WCAB approval. The Board adopted the WCJ's report and reasoning in its entirety.

Workers' Compensation Appeals BoardVirginia MartinezSuperior Court of OrangeCorvelADJ7688511Order Denying Reconsiderationlien claimantattorney's feescompromise and release agreementmedical reports
References
Case No. POM 171820, POM 221222, POM 221224
Regular
Oct 01, 2007

MAGGIE M. WHITEHAIR vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an award of $5,000.00 in attorney fees. The defendant argued the award was improper as Labor Code section 4607 does not apply to enforcement of awards and a specific finding under Labor Code section 5313 was missing. The Board rescinded the award and returned the matter to the trial level pending a California Supreme Court decision on relevant attorney fees issues.

ReconsiderationStipulationAwardOrderLabor Code 4607Petition to Terminate BenefitsLabor Code 5313Rule 10775WCAB Policy and Procedural Manual 1.140Smith v WCAB
References
Case No. FRE 0208997
Regular
Jan 03, 2008

JASON MANTOOTH vs. SAVE MART SUPERMARKETS, PEGASUS RISK MANAGEMENT

The Workers' Compensation Appeals Board denied reconsideration in Mantooth v. Save Mart Supermarkets. The Board affirmed that a defendant is liable for an applicant's attorney fees if they pay out all indemnity without withholding funds for a fee. This liability exists because an attorney's appearance in a case provides sufficient notice that a fee will be claimed against any indemnity due.

Workers' Compensation Appeals BoardAttorney's FeeTemporary Disability IndemnityPermanent Disability IndemnityPetition for ReconsiderationLien ClaimNoticeIndemnity PaymentCumulative TraumaStipulations with Request for Award
References
Case No. ADJ3616338 (SBR 0196226), ADJ4315842 (SBR 0308717), ADJ3060486 (RIV 0055969), ADJ2417375 (RIV 0055970)
Regular
Apr 30, 2012

DONALD JOHNSTON (Deceased), RUTH JOHNSTON-MARTIN (Dependent) vs. CITY OF EL MONTE, Permissibly Self-Insured, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over an attorney's fee awarded for home healthcare services. The applicant's attorney sought reconsideration of a 15% fee, arguing for a previously agreed-upon 20% fee based on the widow's settlement. The Workers' Compensation Appeals Board granted the petition, finding the 20% fee reasonable given the complexity, time expended, and uncertainty of the claim. The Board amended the original order to reflect the 20% fee but admonished the attorney for not strictly adhering to notice requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's FeeWidow's RecoveryHome Health Care ServicesFindings and OrderWCJCompromise and ReleaseStipulationDependency Claim
References
Case No. POM 0231129
Regular
Jun 03, 2008

PEGGY MAYER SPIER vs. BRIDGECREEK RETIREMENT HOME, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over attorney's fees from a workers' compensation settlement. The WCJ initially divided the remaining $10,500 in fees based solely on the length of representation, awarding $9,450 to the applicant for self-representation and $1,050 to the former attorney. The former attorney sought reconsideration, arguing the WCJ improperly ignored statutory factors like responsibility, care, time, and results obtained. The Appeals Board granted reconsideration and remanded the case for a new fee determination based on all four statutory criteria.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesCompromise and ReleasePropria PersonaLien ClaimantAgreed Medical ExaminerThoracic Outlet SyndromeLabor Code Section 4906(d)Rule 10775
References
Case No. ADJ3845272 (SRO 0103733) ADJ1335789 (SRO 0121654)
Regular
Jun 22, 2012

ROBERT VIALE vs. LOCKHEED MARTIN CORPORATION

This case involves a dispute over an attorney's fee where the applicant's attorney sought $90,000 from a $638,982 settlement. The WCJ initially limited the fee, excluding amounts used for Medicare Set Aside (MSA) funding from the calculation based on a prior panel decision. The Appeals Board granted reconsideration, rescinded the WCJ's order, and awarded the full $90,000 fee. The Board found the WCJ gave undue weight to a non-binding panel decision and insufficient weight to Labor Code and WCAB rules mandating consideration of responsibility, care, time, and results obtained. They concluded the full fee was reasonable given the successful settlement for the applicant, who gained control of their treatment and significant cash compensation.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderWCJCompromise and ReleaseMedicare Set Aside AccountAnnuityAttorney FeeLabor Code Section 4903(a)
References
Case No. ADJ4349043 (SRO 0127691)
Regular
May 10, 2011

FRANCISCO GONZALEZ vs. DE LOACH RANCHES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a lower decision regarding an attorney's fee. The applicant, found 100% permanently disabled, was awarded $33,600.00, representing approximately 12% of his permanent disability award. The applicant's attorney argued for a 15% fee, citing the complexity of the case and excellent results. The WCAB agreed the case was of above-average complexity and that a 15% fee was warranted, but deferred the final decision on the fee. This deferral was due to a technicality in the attorney's compliance with notice requirements to the applicant regarding the increased fee request. The case was returned to the trial level for proper notice and reconsideration of the award with a 15% attorney's fee, subject to applicant's objection.

Workers' Compensation Appeals BoardPermanent Disability AwardAttorney's FeePetition for ReconsiderationFindingsAwardOrderVineyard LaborerIndustrial InjuryPresent Value
References
Case No. ADJ7599969
Regular
Jul 27, 2017

Mike Andriso vs. COUNTY OF SAN DIEGO

This case involves a dispute over attorney's fees awarded to applicant's counsel. The Workers' Compensation Appeals Board (WCAB) reconsidered a decision that awarded the attorney 15% of applicant's permanent disability benefits as they accrued, rather than commuting the fee. Applicant argued that a commutation would result in a larger overall fee and that public policy favors such commutation regardless of life expectancy. The WCAB granted reconsideration to allow the judge to re-evaluate the fee award based on relevant factors, including the complexity of the case and ensuring adequate compensation for the attorney.

Permanent disabilityCumulative traumaAttorney's feesPetition for reconsiderationFindings and AwardCommutation of awardLife expectancyMetastatic colon cancerAgreed Medical ExaminerDisability Evaluation Unit
References
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