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

Case No. ADJ7719449
Regular
Jan 04, 2013

ALFONSO ACEVEDO vs. AMCOR PACKAGING DISTRIBUTION/MERCURY CONTAINER, CLAIMQUEST WALNUT

This case involves defendant Amcor Packaging Distribution's petition for removal, which the Workers' Compensation Appeals Board denied. The defendant sought to defer the issue of §5710 attorney's fees based on allegations of applicant fraud, citing *Mitchell v. Golden Eagle Insurance*. However, the judge found the defendant failed to demonstrate good cause for deferral at the hearing. The Board also admonished defendant's attorney for violating procedural rules by appending irrelevant case law and previously filed documents.

Petition for RemovalWCABADJ7719449§5710 attorney's feesMitchell v. Golden Eagle Insurancedeferred feesgood causefraudulent conductsurveillance tapeapplicant's deposition
References
Case No. ADJ8064562, ADJ8064590, ADJ8987043
Regular
Nov 01, 2020

RICARDO ESCALANTE vs. KAISER FOUNDATION HEALTH PLAN

The Workers' Compensation Appeals Board granted reconsideration and awarded applicant's attorney $756.25 in Labor Code section 5710 fees. While the WCJ initially denied fees for three deposition appearances due to the applicant's inability to testify, the Board found the attorney acted in good faith. The Board ultimately exercised its discretion under section 5710 to allow fees for preparation and attendance time.

Labor Code 5710attorney feesdepositionsreconsiderationapplicant's attorneyWCJSEBCompromise and Releaseself-insuredcumulative trauma
References
Case No. POM 234030
Regular
Jul 18, 2008

CAROL ALLISON vs. DEL AMO MOBILE ESTATES, SUPERIOR PACIFIC CASUALTY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the administrative law judge's finding that Labor Code section 5710 does not allow attorney's fees for appellate work. The WCAB ruled that attorney fees are permissible under section 5710 for successfully litigating the scope of a deposition, including appellate proceedings, to protect an applicant's privacy and privilege. The case was returned to the trial level for a determination of a reasonable attorney fee amount.

Labor Code section 5710attorney feesdeposition scopeprivilegepatient-physician privilegemotion to compelpetition for removalCourt of Appealappellate reviewvocational rehabilitation maintenance allowance (VRMA)
References
Case No. ADJ7693237
Regular
Jun 25, 2012

NANCY SETTLES vs. WAL-MART ASSOCIATES, INC., ACE-AMERICAN INSURANCE COMPANY

This case involves a former attorney seeking reconsideration of a $300 attorney fee award in a workers' compensation case. The attorney argued he was denied notice and an opportunity to be heard, and that Labor Code section 5710 fees were not timely paid. The Appeals Board denied reconsideration, adopting the WCJ's report which found the attorney failed to provide proof of service to the applicant regarding his adverse interest. Additionally, any issues regarding section 5710 fees were previously resolved and are not grounds for reconsideration of the current order.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's Fee LienCompromiseLabor Code Section 5710Timely PaymentAdverse InterestIndependent CounselStipulated AwardPenalty
References
Case No. ADJ6899721
Regular
Jun 01, 2016

SALLY MARTINEZ vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured, SEDGWICK CMS

The Workers' Compensation Appeals Board granted reconsideration to clarify whether the defendant could take credit for permanent disability advances made prior to the formal award. The Board amended the prior decision, allowing the defendant to claim credit for all permanent disability advances made, including those before the March 20, 2012 award. However, the Board affirmed the finding that the defendant underpaid a Labor Code section 5710 fee and is liable for a penalty due to improper service and failure to timely object. The defendant's contention that improper service excused payment of the 5710 fee was rejected.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and Orderspermanent disability advancesLabor Code section 5710section 5813 penaltyStipulations with Request for Awardmaximum medical improvementcredit for paymentsdiscretionary authority
References
Case No. ANA 388603
Regular
Dec 10, 2007

MEI.TEM NARTER vs. SAS INSTITUTE, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board denied reconsideration of a decision that disallowed an applicant's attorney a fee for attending a defendant's deposition of a percipient witness. The Board found no statutory authority for such a fee, as Labor Code section 5710 only allows fees for deponents who are the injured employee or their dependent. The Board also rejected arguments to analogize the situation to other fee-granting statutes and clarified that attorney fees are generally not considered recoverable costs.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJDeposition FeePercipient WitnessMedical-Legal CostLabor CodeAttorney's FeesSection 5710
References
Case No. VNO 510473
Regular
Oct 15, 2007

TERRY GREEN vs. PENN CONSTRUCTION, PETE ESKIS, NATIONWIDE INSURANCE COMPANY, ALLIED GROUP, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order awarding applicant's attorney fees for attending a co-defendant's deposition. The Board found that Labor Code section 5710 only authorizes attorney fees for the applicant's deposition, not for attending a co-defendant's. Therefore, the WCJ exceeded their jurisdiction in awarding fees under this section.

Workers' Compensation Appeals BoardLabor Code § 5710Attorney's FeesDepositionReconsiderationWCJPetition for ReconsiderationTimelinessCo-defendantInjured Employee
References
Case No. ADJ7096356
Regular
Jul 07, 2017

DAVID MARQUEZ vs. PACKAGING CORPORATION OF AMERICA, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied David Marquez's petition for reconsideration of an order approving a compromise and release settlement. Marquez sought to set aside the settlement, alleging mutual mistake regarding the resolution of Section 5710 fees and a Civil Code Section 1542 release. The Board found no evidence of good cause for rescission based on mutual mistake, affirming the WCJ's report. However, the Board noted a separate petition to set aside the addendum and remanded it for a hearing to allow Marquez to present evidence.

Compromise and ReleasePetition for ReconsiderationMutual Mistake of FactSection 1542 Civil CodeSection 5710 feesOrder ApprovingWCJ ReportGood CauseStipulationsAttorney's Fees
References
Case No. ADJ7960435
Regular
Jun 07, 2013

NICASIO ANGULO vs. SECURITAS SECURITY SERVICES, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration because it was filed against a non-final, interlocutory order regarding a cancelled lien trial. The WCAB also denied the petition for removal, finding no substantial prejudice or irreparable harm. The Board admonished the defendant's attorney for filing a seemingly frivolous petition, noting such tactics can disrupt proceedings and potentially lead to sanctions. The underlying issue was the cancellation of a lien trial to address outstanding L.C. 5710 fees, which the WCJ recommended be reset for trial.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightProcedural DecisionEvidentiary DecisionDue ProcessPrejudiceIrreparable Harm
References
Case No. ADJ7703859
Regular
Aug 01, 2016

ELAINE CONNOR vs. SIERRA COUNCIL ON ALCOHOL AND DRUG DEPENDENCE, CARE WEST INSURANCE COMPANY

The applicant sought reconsideration of a WCJ's order that found no Labor Code section 132a discrimination. The applicant's petition primarily focused on a potential attorney's fee award for a deposition under Labor Code section 5710, which the original order did not address. The WCJ's report recommended granting reconsideration to award the requested attorney's fees, acknowledging the omission was inadvertent. The Appeals Board granted the applicant's petition, amending the order to include the $1,557.50 attorney's fee award, and otherwise affirmed the original findings. The Board also dismissed the defendant's improper supplemental petition and denied their petition for sanctions against applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code 132aLabor Code 5710WCJAttorney's FeesDeposition FeesPetition for SanctionsWCAB Rule 10848Supplemental Filing
References
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