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

Case No. MISSING
Regular Panel Decision

Pacific Employers Insurance Co. v. Torres

The case involves an appeal from the trial court's award of attorney's fees to an injured employee (Appellee) under Section 408.221 of the Texas Labor Code. The Appellant, Pacific Employers Insurance Co., had initially filed a petition appealing a Texas Workers’ Compensation Commission Appeals Panel decision and later filed a nonsuit dismissing all claims against the Appellee. The trial court subsequently awarded attorney's fees to the Appellee. The Appellant contested this award, arguing that the employee was not a "prevailing party" because the case was disposed of by nonsuit rather than a judicial ruling on the merits. The appellate court disagreed, holding that the employee was indeed a "prevailing party" under the statute, especially given the circumstances where the insurance carrier nonsuited its claims after considerable litigation and the employee was merely defending the initial award. Therefore, the appellate court affirmed the trial court's decision to award attorney's fees.

Workers' CompensationAttorney's FeesNonsuitPrevailing PartyStatutory ConstructionTexas Labor CodeAppellate ReviewInsurance CarrierEmployee RightsJudicial Review
References
12
Case No. SAL 104703
Regular
Mar 14, 2008

GONZALEZ vs. GILROY FOODS, SEDGWICK CLAIMS MANAGEMENT

This case concerns a supplemental award of attorney's fees under Labor Code § 5801 following the denial of a defendant's petition for writ of review. The Court of Appeal found no reasonable basis for the petition and remanded the case for the Workers' Compensation Appeals Board (WCAB) to award fees for services rendered in connection with that petition. The WCAB affirmed the award of attorney's fees, clarifying that the WCJ lacks jurisdiction to approve fees under § 5801, which is the sole province of the WCAB upon remand.

Labor Code § 5801Petition for Writ of ReviewSupplemental AwardAttorney's FeesRemandWorkers' Compensation Appeals BoardCourt of AppealStipulation and AwardWCJFindings Order and Award
References
1
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
2
Case No. ADJ11299000
Regular
Oct 09, 2019

ORLANDO WATKINS vs. SME STEEL CONTRACTORS INC., THE HARTFORD

This Workers' Compensation Appeals Board case involves an award of additional attorney's fees and costs. Following a denial of a Petition for Writ of Review by the Second District Court of Appeal, the matter was remanded for an award of fees. The applicant's counsel and defendant's counsel stipulated to a reasonable fee amount of $4,120.88. The Board found this stipulated amount to be reasonable and issued an award accordingly.

Workers' Compensation Appeals Boardattorney's feescostsPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811stipulated agreementremandappellate attorney's feesHartford Casualty Insurance Company
References
1
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
1
Case No. MISSING
Regular Panel Decision

Texas Workers' Compensation Commission v. Flurry

This case addresses whether attorney's fees can be awarded from a recovery paid to the Subsequent Injury Fund under the "new law" workers' compensation scheme. Nancy Flurry, initially awarded death benefits as Kenneth Flurry's common-law spouse, later had that finding overturned in district court, which determined she was not his legal beneficiary. Consequently, the death benefits of $110,065.02 were paid to the Commission's Subsequent Injury Fund as per the Workers’ Compensation Act. The trial court, however, awarded Nancy Flurry's attorney $27,516.25 in fees from the Fund's recovery. The appellate court reversed this award, holding that the Subsequent Injury Fund is not a "claimant" under the relevant statute, and therefore, attorney's fees cannot be paid from its recovery, especially when the attorney's client did not prevail.

Attorney's FeesWorkers' CompensationSubsequent Injury FundDeath BenefitsClaimant DefinitionStatutory InterpretationCommon-Law SpouseLegal BeneficiaryInsuranceAppellate Review
References
0
Case No. ADJ2478986 (SAC 0326370)
Regular
Oct 07, 2014

LINDA FUNK vs. DELTA DENTAL PLAN OF CALIFORNIA, LIBERTY MUTUAL INSURANCE COMPANY

This case involves an award of additional attorney's fees to the applicant's attorneys following a successful defense of a Petition for Writ of Review. The Court of Appeal remanded the case for the Board to determine reasonable fees for appellate services. The applicant's attorneys requested $4,160.00, and the Board awarded $3,840.00, disallowing time spent on fee preparation. This award is made in addition to any other compensation owed to the applicant.

Workers' Compensation Appeals BoardAttorney's FeePetition for Writ of ReviewCourt of AppealLabor Code § 5801Supplemental AwardCertified Workers' Compensation SpecialistAppellate Attorney's FeesLiberty Mutual Insurance CompanyDelta Dental Plan
References
2
Case No. ADJ10307427
Regular
Mar 21, 2017

CHRISTOPHER DEVEREUX vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured; administered by THE HARTFORD

This case concerns an award of additional attorney's fees for applicant's counsel, pursuant to Labor Code § 5801. The Third District Court of Appeal remanded the matter for this purpose after denying the defendant's Petition for Writ of Review. The parties stipulated to reasonable attorney's fees of $2,500.00. The Board has issued an award of these appellate attorney's fees in favor of the applicant's counsel, payable in addition to any compensation awarded to the applicant.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feesPetition for Writ of Reviewappellate attorney's feesstipulationawardState Compensation Insurance FundThe Hartfordremanded
References
1
Case No. ADJ3299212
Regular
Oct 18, 2011

LISA WEILMANN vs. UNITED TEMPORARY SERVICE, TIG SPECIALTY INSURANCE COMPANY

This Workers' Compensation Appeals Board opinion awards supplemental attorney's fees of $2,100.00 to applicant's counsel. This award stems from the Court of Appeal's denial of the defendant's petition for writ of review and its subsequent granting of the applicant's request for fees under Labor Code § 5801. The applicant's attorney requested this fee for six hours of work at $350 per hour, which the Board found reasonable. The award is against TIG Specialty Insurance Company.

WORKERS' COMPENSATION APPEALS BOARDSUPPLEMENTAL ATTORNEY'S FEESLABOR CODE § 5801Court of Appealpetition for writ of reviewremittiturapplicant's attorney requestreasonable feeTIG Specialty Insurance CompanyRisk Enterprise Management
References
1
Case No. ADJ6785479
Regular
Dec 04, 2013

JEROME WILLIAMS vs. NEW YORK KNICKERBOCKERS, CHUBB GROUP for FEDERAL INSURANCE COMPANY

This case involves an award of additional attorney's fees to the applicant's attorney for services rendered in successfully defending against the defendant's petition for a writ of review. The Court of Appeal, having denied the writ and remanded the case, directed the Board to award supplemental fees. The Workers' Compensation Appeals Board has reviewed the record and determined a reasonable fee of $3,500.00 for the appellate work performed by Ronald J. Mix. This award is made against Federal Insurance Company, in addition to any other compensation.

Workers' Compensation Appeals BoardPetition for Writ of ReviewSupplemental AwardAttorney's FeesLabor Code § 5801Appellate Attorney's FeeRonald J. MixFederal Insurance CompanyEmployers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd.
References
1
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