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

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. ADJ2567272 (AHM 0105012)
Regular
Oct 15, 2012

, Applicant, FELIX NINO MOTA vs. ALLGREEN LANDSCAPE; NATIONAL INSURANCE COMPANY, Administered by FARA Adjusting Services

Applicant's attorneys requested $51,900 in attorney's fees under Labor Code Section 5801 for work related to a writ of review. The Appeals Board found the declarations supporting the request inadequate due to lack of itemization and justification for the hours and rates. Consequently, the Board may award a fee of up to $16,000, but reserves the right to award substantially less or nothing at all due to the potentially inflated nature of the initial request. Applicant's attorneys must provide detailed itemizations and show good cause to receive any fee.

Labor Code section 5801attorney's feespetition for writ of reviewAppeals Boarddeclarationsitemized billingshourly ratecertified workers' compensation specialistclerical tasksunreasonably inflated
References
9
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
0
Case No. MISSING
Regular Panel Decision

In re of the Arbitration between Town of Evans & International Brotherhood of Electrical Workers

Petitioner appealed an order from the Supreme Court, Erie County, which denied its petition to stay arbitration, granted respondent's counterclaim to compel arbitration, and denied both parties' requests for attorney's fees and sanctions. The petitioner had terminated an accountant, Elmar Kiefer, for alleged sexual abuse and misuse of resources. Respondent filed a grievance on Kiefer's behalf, leading to a demand for arbitration under their collective bargaining agreement. Petitioner sought to stay arbitration, arguing it was against public policy as an arbitrator might reinstate Kiefer. The court affirmed the lower court's decision, stating that the public policy argument was premature and that courts should not pre-emptively assume an arbitrator will exceed their powers or violate public policy. The court also denied attorney's fees and sanctions for both parties.

ArbitrationPublic PolicyCollective Bargaining AgreementSexual HarassmentMisconductAttorney's FeesSanctionsAppellate ReviewGrievanceEmployment Termination
References
5
Case No. ADJ10600929
Regular
Dec 02, 2020

LUSINO ABARCA vs. AMERICAN APPAREL USA, LLC, ARCH INDEMNITY INSURANCE COMPANY, CORVEL CORPORATION, NEW HAMPSHIRE INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Court of Appeal remanded this case to the Appeals Board for an award of additional attorney's fees for services rendered opposing a petition for writ of review. Applicant's attorney requested $7,600.00 for 19 hours of work at $400.00 per hour, providing a detailed accounting of services. The Appeals Board found this request reasonable based on the attorney's skill, the good result obtained, and the lack of objection from the defendant. The Board awarded the full requested amount of $7,600.00 in attorney's fees to applicant's counsel.

Labor Code § 5801Attorney's FeesWrit of ReviewAppeals BoardReasonable FeeAppellate ServicesApplicant's AttorneyDefendant's PetitionCase-by-case basisJudicial Review
References
4
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. 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. 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. ADJ10065068
Regular
May 02, 2018

JOHN LAMBERT vs. COUNTY OF KERN

This case concerns a supplemental award of attorney's fees to the applicant's attorney. Following the denial of the defendant's Petition for Writ of Review by the Court of Appeal, the matter was remanded for this specific purpose. The applicant's attorney submitted a petition requesting \$9,765.00 for 27.9 hours of work at \$350 per hour in opposing the writ. Without objection from the defendant and after considering the reasonableness of the requested fees, the Appeals Board awarded the full \$9,765.00 in appellate attorney's fees.

Labor Code § 5801additional attorney's feessupplemental awardPetition for Writ of ReviewCourt of Appealappellate attorney's feestime loghourly ratecase-by-case basismerits of appellate work
References
1
Case No. MISSING
Regular Panel Decision

In re Currency Conversion Fee Antitrust Litigation

This Memorandum and Order addresses plaintiffs' motion for reconsideration of a prior decision concerning a class action alleging an antitrust price-fixing conspiracy by VISA, MasterCard, and their member banks related to foreign currency conversion fees. The Court denied the plaintiffs' motion for reconsideration, upholding its earlier finding that network defendants did not waive their right to arbitration because compelling arbitration would have been futile under then-existing law. Additionally, the Court denied reconsideration on several other procedural matters, including the creation of subclasses, membership of specific cardholder subclasses, representation of Diners Club and Providian cardholders, and a request for further discovery, citing the untimeliness of new arguments and the plaintiffs' failure to meet the burden of proof for class certification requirements.

Antitrust LitigationClass Action ProcedureArbitration AgreementsWaiver of ArbitrationEquitable EstoppelForeign Currency Conversion FeesReconsideration MotionSherman ActTruth in Lending ActDeceptive Trade Practices
References
43
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