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

Case No. ADJ1309169 (AHM 0045971)
Regular
Jul 30, 2009

MARY PRUITT vs. CNA INSURANCE CO., AMERICAN CASUALTY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of attorneys' fees under Labor Code § 5814.5. The Board found the prior decision lacked a proper evidentiary record and the necessary predicate finding of increased compensation under Labor Code § 5814 required for § 5814.5 attorneys' fees. The case was returned to the trial level for further proceedings to ensure compliance with evidentiary record requirements and to re-evaluate the § 5814.5 attorneys' fees issue.

WCABReconsiderationLabor Code § 5814.5Attorneys' FeesIncreased CompensationLabor Code § 5814Findings and AwardWCJEvidence RecordMinutes of Hearing
References
1
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. ADJ9252177
Regular
Sep 18, 2017

ADAN HERNANDEZ vs. WARD CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level. The Board found insufficient evidence to determine if lien claimant National Script Pharmacy's services fell within the statutory delay period for treatment authorization under Labor Code section 5402(c). Furthermore, the Board noted that the issue of a doctor's indictment, which could have triggered a stay under Labor Code section 4615, was not properly raised or proven to apply to the lien claim. Ultimately, the case was remanded for further proceedings to clarify these critical evidentiary and legal issues.

WCABReconsiderationLien ClaimantNational Script PharmacyJudicial NoticeIndictmentBahar DaneshLabor Code 4615Medical TreatmentClaim Form
References
5
Case No. ADJ3123745 (VNO 0551286) ADJ3791599 (VNO 0548958)
Regular
Apr 29, 2015

Steven Kroesen (Deceased), Jennifer Kroesen (Widow) vs. CITY OF TORRANCE, CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a denial of death benefits for Steven Kroesen due to a dispute over the timeliness of the applicant's petition. The applicant claims their petition was timely delivered on November 12, 2014, via FedEx, but the WCAB's records show a filing date of November 13, 2014. The WCAB has returned the case to the administrative law judge for an evidentiary hearing to determine the exact filing date and address jurisdiction to consider the merits of the claim. This hearing will resolve whether the petition was filed within the statutorily allowed timeframe, considering Veterans Day and potential delays.

Petition for ReconsiderationTimelinessJurisdictionEvidentiary HearingJoint Findings and OrderReport of Workers' Compensation JudgeSupplemental PetitionFedEx deliveryR. SolisVeteran's Day
References
6
Case No. ADJ8887982
Regular
Aug 29, 2014

ALVARO VIRGEN vs. COSTA VIEW FARM 2, ZENITH INSURANCE COMPANY

This case involves sanctions imposed on attorney Kyle K. Neilsen under Labor Code § 5813. Neilsen's apology for contemptuous remarks about a Workers' Compensation Judge was deemed insufficient as he continued to justify his behavior. The Board found his attempt to excuse his actions indicated a lack of appreciation for the severity of his offense. Consequently, Neilsen was ordered to pay $950.00 in sanctions to the General Fund.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813WCJ EllisContemptuous statementsJustificationFrustrationPleadingTravelOrange County
References
0
Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
3
Case No. ADJ4655433 (STK 0183897) ADJ4135432 (STK 0183898)
Regular
Sep 08, 2010

CARMELA GARCIA vs. E & J GALLO WINERY, P.S.I.

This case concerns a request for supplemental attorney's fees following an unsuccessful petition for writ of review by defendant E & J Gallo Winery. The Court of Appeal previously granted the applicant's request for fees under Labor Code § 5801 and remanded the matter. The applicant's attorney requested $3,150.00 for services related to answering the petition, which the defendant did not dispute in amount, only in principle. The Workers' Compensation Appeals Board found the requested amount reasonable and issued a supplemental award of $3,150.00 in attorney's fees.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feessupplemental awardpetition for writ of reviewremittiturreasonable basisapplicantdefendantE & J Gallo Winery
References
1
Case No. AHM 108812 AHM 108813 AHM 108814
Regular
Nov 06, 2007

OLIVIA ZAVALA vs. METROPOLITAN WATER DISTRICT

This case involves an award of attorney's fees under Labor Code § 5801 following a successful defense against the defendant's Petition for Writ of Review. The Court of Appeal remanded the matter for the Board to determine reasonable attorney's fees for the applicant's counsel's services. The applicant's attorney requested $5,171.89, but both parties ultimately stipulated to a total of $5,000.00 for attorney's fees and appellate costs.

Workers' Compensation Appeals BoardAttorney's FeeLabor Code § 5801Petition for Writ of ReviewCourt of AppealStipulationAppellate CostsMetropolitan Water DistrictReasonable Attorney's Fees
References
1
Case No. MON 0331606
Regular
Aug 08, 2007

DEAN HARVEY vs. PES PAYROLL

This case involves a request for additional attorney's fees and costs under Labor Code § 5801 following a successful appeal by the applicant. The Appeals Board awarded applicant's attorney $3,500 in fees and $96.98 in costs, finding the requested hours for drafting the response excessive and disallowing paralegal fees. The Board determined the case was of average complexity and set the hourly rate at $250 for a certified specialist.

Labor Code § 5801Attorney's FeesPetition for Writ of ReviewCourt of AppealAppeals BoardSupplemental AwardReasonable FeesHourly RateCertified SpecialistAppellate Complexity
References
3
Case No. ADJ7089701
Regular
May 24, 2012

GREGORY DOLLAR vs. KERN COUNTY PROBATION DEPARTMENT, COUNTY OF KERN

This Workers' Compensation Appeals Board decision awards supplemental attorney's fees of $2,800.00 to applicant's counsel, Adams, Ferrone & Ferrone. The award follows a Court of Appeal order denying the defendant's petition for writ of review and remanding for supplemental fees under Labor Code § 5801. The Court of Appeal found no reasonable basis for the defendant's petition. The parties stipulated to the reasonableness of the fee amount.

Supplemental Attorney's FeeLabor Code § 5801Petition for Writ of ReviewRemandStipulationWCABAdams Ferrone & FerroneCounty of Kern Probation DepartmentFifth Appellate DistrictReasonable Attorney's Fees
References
1
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