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Case Law Database

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

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
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ4242717 (VNO 0420852) ADJ7278860
Regular
Sep 28, 2016

PHILLIP WILLIAMS vs. DEPARTMENT OF CORRECTIONS & REHABILITATION - CALIFORNIA INSTITUTE FOR WOMEN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted removal, rescinding a WCJ's order compelling former attorney John Ferrone to attend trial as a witness. The Board found that the only subpoena issued for Ferrone was to attend a trial date that had long passed, was not personally served, and had potentially been withdrawn. Compelling a witness's attendance requires a valid subpoena, and no such valid subpoena existed for the current trial date.

Petition for RemovalAttorney-Client PrivilegeSubpoenaWCJ OrderFraud or MistakeStipulation and OrderMotion to QuashAttorney as WitnessCompelled AttendancePercipient Witness
References
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