Updated Daily

Case Law Database

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

Case No. ADJ793678 (OAK 0338326)

Regular

Sep 07, 2010

ARMENDO CASAS vs. LOS ANGELES CHEMICAL and EXCESS SPECIALTY INSURANCE, GAB ROBINS, BRENNTAG and EXCESS SPECIALTY INSURANCE, SPECIALTY RISK SERVICES

This case involves a petition for reconsideration by Excess Specialty Insurance regarding a workers' compensation award. The original award found the applicant sustained a cumulative trauma injury ending November 2, 2006, but deferred key issues like sleep disorder, permanent disability, and liens. The Board granted reconsideration, rescinded the original award, and returned the case for a new decision at the trial level. The Board believes piecemeal adjudication should be avoided and all issues should be decided concurrently after further development of the record.

Cumulative traumaThoracic spineLumbar spinePsycheSleep disorderGastrointestinal disorderSexual dysfunctionPermanent disabilityEmployment Development Department lienPetition for Increase in Compensation

References

Case No. ADJ1215365 (SJO 0260331)

Regular

Jul 07, 2017

ANTHONY DRAGO vs. CITY OF SUNNYVALE, CSAC EXCESS INSURANCE AUTHORITY

This case concerns applicant Anthony Drago's cumulative injury claim against the City of Sunnyvale and its insurer, CSAC Excess Insurance Authority, stemming from his employment as a police officer. The Workers' Compensation Appeals Board (WCAB) reconsidered a previous award, rescinding the initial $72\%$ permanent disability finding. The WCAB increased the disability rating to $84\%$, primarily due to re-evaluating applicant's cardiovascular injury based on applicant's treating physician's opinion over the defense QME. The WCAB deferred the issue of attorney's fees for further proceedings at the trial level.

WCABReconsiderationCumulative InjuryAOE/COEPermanent DisabilityQMEAMA GuidesDyslipidemiaCoronary Artery DiseaseAngiography

References

Case No. ADJ2340102 (LAO 0751270) ADJ4406096 (LAO 0784412)

Regular

Apr 27, 2017

JOSE MORFIN vs. WHITE MEMORIAL MEDICAL CENTER, ADVENTIST HEALTH

This case involves an award of additional attorney's fees for applicant's counsel in the California Court of Appeal. The court remanded the matter for supplemental fees after the defendant's unsuccessful Petition for Writ of Review. While applicant's attorney sought $11,480.00 in fees, the Board found this excessive and awarded $8,000.00 based on a review of the appellate work and the contentious history of the litigation. The Board also awarded the requested costs of $67.58, totaling $8,067.58 in additional appellate attorney's fees and costs.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesItemization of Attorney's FeesExcessive Fee RequestReasonable Fee DeterminationCase-by-Case Basis

References

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

Case No. ADJ4387448 (SJO 0267422)

Regular

Mar 11, 2014

BALGOVIND SHARMA vs. LAM RESEARCH CORPORATION, MATRIX ABSENCE MANAGEMENT

The Court of Appeal ordered a supplemental attorney's fee award for applicant's counsel for successfully defending against the defendant's petition for writ of review. The Board reviewed the attorney's claimed hours and rate, deeming some time entries excessive and clerical tasks non-compensable. Ultimately, the Board awarded $5,480.00 in attorney's fees plus $47.74 in costs, totaling $5,527.74, and clarified this award is in addition to any compensation owed. The Board also rejected the defendant's argument that the third-party credit applied to this supplemental fee award.

Labor Code § 5801Supplemental Attorney's FeePetition for Writ of ReviewCourt of Appeal RemandApplicant's AttorneyReasonable Attorney FeesHourly RateTime and EffortCase ComplexityClerical Tasks

References

Case No. AHM 0097527

Regular

Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization

References

Case No. ADJ2852962 (SFO 0492897)

Regular

Jul 07, 2011

Francisco Torres vs. Foundation & Earth Retaining Systems, California Insurance Company

The Court of Appeal denied the defendant's petition for writ of review and found no reasonable basis for it. Consequently, the case was remanded for the Workers' Compensation Appeals Board (WCAB) to award supplemental attorney's fees under Labor Code § 5801. The WCAB awarded $7,500 in attorney's fees, finding the requested amount excessive and the submitted time records insufficiently detailed despite the penal nature of the statute. The WCAB also awarded $229.96 in appellate costs.

Supplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewReasonable Attorney's FeeAppellate CostsLabor Code § 5811No Reasonable BasisPenal AspectUnverified Time RecordsExcessive Fees

References

Case No. ADJ4039795

Regular

Feb 03, 2010

Errol Holmes vs. SHELL OIL COMPANY, ESIS/EMPLOYERS SELF-INSURANCE SERVICES

Applicant's attorney sought additional fees for opposing Shell Oil's writ of review, which the Court of Appeal granted, remanding for supplemental fees. The Appeals Board initially awarded $3,000 based on estimated hours and a reasonable rate after no response was received to a request for itemized fees. The applicant's attorney then claimed he did not receive the request and sought $5,751.57 in fees. Despite treating his letter as a reconsideration petition, the Appeals Board reviewed the matter again and reaffirmed the $3,000 award, finding it adequate and denying any additional compensation.

Workers' Compensation Appeals BoardErrol HolmesShell Oil CompanyESISEmployers Self-Insurance ServicesPetition for Writ of ReviewSupplemental Attorney FeesLabor Code § 5801Petition for ReconsiderationLabor Code § 5902

References

Case No. ADJ8374764

Regular

Oct 29, 2018

RODY CONTRERAS vs. CITY OF REDONDO BEACH

This case concerns an award of additional attorney's fees to applicant's counsel. The Second District Court of Appeal remanded the matter for such fees after denying the defendant's petition for writ of review. The parties subsequently stipulated to reasonable appellate attorney's fees of $1,600.00. The Workers' Compensation Appeals Board has issued an award for these stipulated fees, payable in addition to any compensation to the applicant.

Workers' Compensation Appeals BoardLabor Code Section 5801additional attorney's feesPetition for Writ of Reviewremandstipulationappellate attorney's feesCity of Redondo BeachPermissibly Self-InsuredAdminSure

References

Case No. FRE 0131884

Regular

May 28, 2008

CARMEN E. SOLLARS vs. TARGET STORES

The Court of Appeal remanded this case for additional attorney's fees for applicant's counsel after the defendant's petition for writ of review was denied. While applicant's counsel requested $8,640 based on 28.8 hours at $300/hour, the Appeals Board reduced the award. The Board found the requested rate and hours excessive, awarding $2,500 based on 10 hours at $250/hour, considering the result, work performed, and difficulty.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesLabor Code § 5801Court of AppealRemittiturSupplemental AwardAppellate WorkHourly RateReasonable Fees

References

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Updated Daily

Case Law Database

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

Case No. ADJ793678 (OAK 0338326)

Regular

Sep 07, 2010

ARMENDO CASAS vs. LOS ANGELES CHEMICAL and EXCESS SPECIALTY INSURANCE, GAB ROBINS, BRENNTAG and EXCESS SPECIALTY INSURANCE, SPECIALTY RISK SERVICES

References

Case No. ADJ1215365 (SJO 0260331)

Regular

Jul 07, 2017

ANTHONY DRAGO vs. CITY OF SUNNYVALE, CSAC EXCESS INSURANCE AUTHORITY

WCABReconsiderationCumulative InjuryAOE/COEPermanent DisabilityQMEAMA GuidesDyslipidemiaCoronary Artery DiseaseAngiography

References

Case No. ADJ2340102 (LAO 0751270) ADJ4406096 (LAO 0784412)

Regular

Apr 27, 2017

JOSE MORFIN vs. WHITE MEMORIAL MEDICAL CENTER, ADVENTIST HEALTH

References

Case No. MON 0331606

Regular

Aug 08, 2007

DEAN HARVEY vs. PES PAYROLL

Labor Code § 5801Attorney's FeesPetition for Writ of ReviewCourt of AppealAppeals BoardSupplemental AwardReasonable FeesHourly RateCertified SpecialistAppellate Complexity

References

Case No. ADJ4387448 (SJO 0267422)

Regular

Mar 11, 2014

BALGOVIND SHARMA vs. LAM RESEARCH CORPORATION, MATRIX ABSENCE MANAGEMENT

Labor Code § 5801Supplemental Attorney's FeePetition for Writ of ReviewCourt of Appeal RemandApplicant's AttorneyReasonable Attorney FeesHourly RateTime and EffortCase ComplexityClerical Tasks

References

Case No. AHM 0097527

Regular

Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization

References

Case No. ADJ2852962 (SFO 0492897)

Regular

Jul 07, 2011

Francisco Torres vs. Foundation & Earth Retaining Systems, California Insurance Company

Supplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewReasonable Attorney's FeeAppellate CostsLabor Code § 5811No Reasonable BasisPenal AspectUnverified Time RecordsExcessive Fees

References

Case No. ADJ4039795

Regular

Feb 03, 2010

Errol Holmes vs. SHELL OIL COMPANY, ESIS/EMPLOYERS SELF-INSURANCE SERVICES

References

Case No. ADJ8374764

Regular

Oct 29, 2018

RODY CONTRERAS vs. CITY OF REDONDO BEACH

References

Case No. FRE 0131884

Regular

May 28, 2008

CARMEN E. SOLLARS vs. TARGET STORES

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesLabor Code § 5801Court of AppealRemittiturSupplemental AwardAppellate WorkHourly RateReasonable Fees

References

Showing 1-10 of 1,794 results

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