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

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. 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. 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. 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
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. ADJ1045902 (SFO 0500285) ADJ3255721 (SFO 0500284)
Regular
Dec 21, 2012

RONALD S. VERNA vs. CITY OF LOS ALTOS POLICE DEPARTMENT

This case concerns an award of additional attorney's fees to applicant's counsel, as mandated by Labor Code § 5801 after a successful writ of review. The Court of Appeal had remanded the matter for this specific purpose. The Board reviewed the submitted time and hourly rate, disallowing certain hours for clerical work, media communication, and duplicate entries. Ultimately, the Board awarded $9,080.00 in appellate attorney's fees to applicant's counsel.

Workers' Compensation Appeals BoardPetition for Writ of ReviewSupplemental AwardAttorney's FeesLabor Code § 5801Certified SpecialistClerical TimeMedia CorrespondenceDuplicated EntriesAppellate Attorney's Fee
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. ADJ4094302 (AHM 0101287)
Regular
Jun 08, 2010

ROBERT STAMPS vs. KENNY-SHEA-TRAYLOR-FRONTIER-KEMPER JOINT VENTURE; AIG SERVICES, INC.

This case concerns a supplemental attorney's fee award for the applicant's attorney, John M. Urban, under Labor Code §5801. The Court of Appeal denied the defendant's petition for writ of review, finding no reasonable basis and remanding for attorney's fees. Applicant's attorney requested $5400.00 for 18 hours of work at $300 per hour, which the Board found reasonable. The Board awarded the requested amount to John M. Urban against the defendant joint venture.

ADJ4094302SUPPLEMENTAL ATTORNEY'S FEESLABOR CODE §5801Court of Appeal Fourth Appellate Districtpetition for writ of reviewno reasonable basisremandattorney's feesapplicant's attorneyJohn M. Urban
References
1
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
1
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