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

Case No. ADJ6550105 ADJ6777358 ADJ6777361 ADJ6976802
Regular
Oct 03, 2014

ESTHER GARCIA vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, CORVEL CORPORATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded an earlier order allowing attorney fees. The Board found that Labor Code section 5710(b) only authorizes fees for depositions of the injured employee or their dependents, not for depositions of Qualified Medical Evaluators (QMEs). Therefore, applicant's counsel was not entitled to fees for attending the QME's deposition. The Board denied the petition for attorney's fees.

Labor Code $\S 5710$Petition for ReconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator (QME)Attorney's FeesDepositionInjured EmployeeDependent BenefitsWCJContingency Fee
References
0
Case No. ADJ2345295
Regular
Aug 26, 2010

JOSEPHINE RICHAU vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, INSURANCE CORPORATION OF HANNOVER by MIDLANDS CLAIMS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration regarding supplemental attorney's fees. The defendant sought to overturn an award of $3,120.00 in fees and $297.66 in costs to the applicant's attorney. However, the applicant's attorney confirmed that these fees had already been paid and no further payment was sought. Therefore, the defendant's petition was rendered moot, as the original award, issued under Labor Code section 5801 due to an unreasonable petition for writ of review by the defendant, was satisfied.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesReconsiderationPetition for Writ of ReviewLabor Code Section 5801Total Permanent DisabilityMethicillin Resistant Staphylococcus AureusIndustrial InjurySpine InjurySpecial Education Teacher
References
5
Case No. ADJ174481 (SAL 0095964)
Regular
Nov 19, 2008

LAURA WILLIAMS-WELTY vs. TILE WEST, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the applicant's petition for reconsideration regarding the 27% permanent disability finding, upholding the WCJ's reliance on the Agreed Medical Evaluator's report. However, the Board granted the applicant's attorney's petition to correct a clerical error regarding his fee. The WCJ's award of $2,750 was amended to reflect a 15% attorney's fee, acknowledging the attorney's extensive work and successful outcomes for the applicant over several years.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorSubstantial EvidenceAttorney's FeePetition to Correct Clerical Error
References
2
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. ADJ9877506
Regular
Oct 30, 2017

MICHAEL WALLACE (Dec'd), ANGELA JOHNSON WALLACE (Wife) vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Appeals Board granted the applicant's Petition for Reconsideration, reversing the dismissal of a death benefit claim. This action was taken to issue a notice of intent to impose sanctions and attorney's fees against the applicant's attorneys for alleged bad faith actions. The Board found their petition lacked specificity and cited multiple violations of procedural rules and potential misconduct regarding discovery. A hearing will be held to determine if sanctions are warranted against the named attorneys and their firm.

Petition for ReconsiderationFindings and OrderWCJDeclaration of Readiness to ProceedPetition to Dismissbad faith actionsfrivolous litigationattorney sanctionsLabor Code section 5813WCAB Rule 10561
References
1
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. ADJ7148169
Regular
Nov 05, 2019

MARIA GARCIA vs. ST. JOHN KNITS, TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA

The Appeals Board awarded applicant's attorney $6,700.00 in additional attorney fees for services rendered in responding to the defendant's unsuccessful Petition for Writ of Review. The Court of Appeal had remanded the case specifically for this supplemental fee award. While the hourly rate was deemed reasonable, the Board determined the total fee based on the attorney's time, effort, and the merits of opposing the writ. Despite the case being of average complexity, the attorney's thorough response to the defendant's factually based petition justified the full requested amount.

Writ of ReviewLabor Code § 5801Supplemental AwardAttorney's FeesAppellate ServicesPetition for Writ of ReviewWorkers' Compensation Appeals BoardPetition for Attorney's FeesReasonable Hourly RateTime and Effort
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. ADJ10483516, ADJ6690853, ADJ886741 (POM 0300434)
Regular
May 02, 2018

CAROLINE JOHNSON vs. CAREMARK RX, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Court of Appeal remanded this case to the Appeals Board to award additional attorney's fees to the applicant's attorney for services rendered in opposing the defendant's Petition for Writ of Review. The applicant's attorney sought $9,200.00 for 23 hours of work at $400.00 per hour. After reviewing the petition and considering factors like time, effort, skill, and complexity, the Appeals Board awarded the full requested amount of $9,200.00 in attorney's fees. This award is in addition to any other compensation due to the applicant.

Workers' Compensation Appeals BoardPetition for Writ of ReviewSupplemental attorney's feesLabor Code § 5801Court of Appealappellate attorney's feesapplicant's attorneyhourly ratereasonable feesremand
References
2
Case No. ADJ2016167 (SAC 0367576) ADJ1468086 (SAC 0329245)
Regular
Jun 02, 2011

STEVEN SHADDEN (Deceased) KAMESHA SHADDEN (Widow) vs. DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND

This case concerns supplemental attorney's fees awarded after the employer's petition for writ of review was denied by the Court of Appeal. The appellate court found no reasonable basis for the employer's petition and remanded the case for supplemental attorney fee awards. The Workers' Compensation Appeals Board (WCAB) reviewed and approved stipulations for attorney fees totaling $3,000.00 for one counsel and $7,537.30 (including costs) for another. The WCAB issued awards in favor of the respective law firms against the Department of Corrections for these amounts.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewRemittiturStipulationReasonable FeesAwardDepartment of Corrections and RehabilitationState Compensation Insurance Fund
References
1
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