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

Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
3
Case No. ADJ10146503
Regular
Oct 20, 2018

ALAN KOON vs. RZ PLUMBING, INC.; AMTRUST

This case concerns an award of attorney's fees and costs to applicant's attorney, Robert Rassp, pursuant to Labor Code section 5801. The Second District Court of Appeals had previously remanded the matter for this purpose. The Workers' Compensation Appeals Board reviewed Rassp's request for 13.25 hours of work and $865.59 in costs, totaling $6,165.59. The Board disallowed two hours of travel time due to lack of clarity on the reasonableness and nature of the activity. Ultimately, the Board awarded Rassp a total of $5,365.59 in attorney's fees and costs.

Labor Code section 5801attorney's feescostsremandWorkers' Compensation Appeals Boardbill of particularsreasonableness of feestravel time deductionawarded amounttrial level return
References
0
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. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
4
Case No. ADJ7613459
Regular
May 07, 2013

LUIS MARTINEZ vs. ANA TERRAZAS, ALLSTATE INSURANCE CO., ADMINISTERED BY SPECIALTY RISK SERVICES

The Appeals Board ruled that medical-legal expenses, including copy service costs for obtaining medical records, cannot be recovered through a general petition for costs under Labor Code section 5811. Such claims must instead be pursued through the established lien process, which now includes a lien activation fee under Labor Code section 4903.06. Lien claimants who withdrew their liens prior to this decision and filed petitions for costs are permitted to reinstate their liens to pursue recovery, provided they comply with the lien activation fee requirements and their liens were not otherwise dismissed. This decision aims to provide uniformity and prevent parties from avoiding statutorily mandated fees through procedural maneuvers.

SB 863Lien activation feeMedical-legal expensesPetition for costsLabor Code section 5811Labor Code section 4903.06En banc decisionReconsiderationWithdrawal of lienReinstatement principle
References
20
Case No. ADJ3550549 (LAO 0884192)
Regular
Sep 22, 2016

JACK DUPONT (Dec'd), ANYAWAN DUPONT (Widow) vs. C.R. ENGLAND, INC.; XL SPECIALTY INSURANCE COMPANY, administered by BROADSPIRE

This case involves a remand from the Court of Appeals to the Workers' Compensation Appeals Board (WCAB) for the purpose of awarding attorney's fees and costs under Labor Code Section 5801. Applicant's attorney and the defendant's attorney jointly stipulated to an award of $11,600.00 to resolve this issue. The WCAB approved this stipulation and returned the matter to the trial level.

Labor Code section 5801attorney's feesWorkers' Compensation Appeals Boardremandedstipulationapplicant's attorneydefendant's attorneyjoint lettertrial levelaward
References
0
Case No. ADJ8211433
Regular
Aug 09, 2013

MARICELA TENORIO vs. DEUTSCH INDUSTRIAL, ZURICH INSURANCE COMPANY

This case concerns Lopez & Associates' petition for reconsideration or removal of a WCJ's order dismissing their petition for costs. The petitioner argued the WCJ's dismissal was insufficiently explained. The Appeals Board denied the petition, adopting the WCJ's reasoning and citing that medical-legal expenses cannot be claimed via a petition for costs under Labor Code section 5811. Instead, proper procedures under Labor Code section 4622 or filing a lien must be followed.

Petition for ReconsiderationPetition for RemovalFindings and OrderPetition for CostsMedical-legal expensesLabor Code section 5811Labor Code section 4622LienWorkers' Compensation Appeals BoardWCJ
References
1
Case No. ADJ8314191
Regular
Apr 27, 2015

JUAN MELO vs. THE SAN FRANCISCO GIANTS, ACE AMERICAN INSURANCE COMPANY, THE GOLDEN BASEBALL LEAGUE, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded a Workers' Compensation Judge's (WCJ) order for reimbursement of costs. The WCJ had ordered the State Compensation Insurance Fund (SCIF) to pay $1,350.00 to applicant's attorney for delays in clarifying insurance coverage. However, the Board clarified that Labor Code section 5811(a) does not permit the award of attorney's fees as costs, and any such award under Labor Code section 5813 would require proper notice and an opportunity to be heard, which was not provided. Therefore, the WCJ's order was improper.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder for Reimbursement of CostsLabor Code section 5811(a)State Compensation Insurance Fund (SCIF)Coverage issuesContinuous trauma claimInsurance policyRidersPolicy premium
References
4
Case No. FRE 192364, FRE 192365, FRE 198592
Regular
Sep 21, 2007

CAROL MCKINLEY vs. RAMALLAH, INC./GENERAL INSURANCE COMPANY OF AMERICA

This case involves a request for additional attorney's fees and costs following a successful defense against a defendant's petition for writ of review. The Appeals Board reviewed the itemized hours and requested rate, disallowing time spent on specific tasks deemed clerical or administrative. Ultimately, the Board awarded $\$ 2,100.00$ in attorney's fees and $\$ 49.45$ in costs, recognizing the applicant's attorney's experience and the outcome of the appeal.

Workers' Compensation Appeals BoardAttorney's FeesPetition for Writ of ReviewCourt of AppealRemandLabor Code § 5801Labor Code § 5811Certified Workers' Compensation SpecialistHourly RateCosts on Appeal
References
4
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
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