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

Case No. ADJ3310545
Regular
Dec 07, 2017

LANCE GOODWIN vs. EDW APFFELS COMPANY, INC., PACIFIC COMPENSATION INSURANCE COMPANY

This case involves an award of additional attorney's fees under Labor Code § 5801. The Second District Court of Appeal previously remanded the matter for such an award after denying the defendant's Petition for Writ of Review. Applicant's counsel and the defendant stipulated to reasonable attorney's fees of $8,000.00 for services rendered in responding to the petition. The Board found the stipulated amount reasonable and issued the award to the applicant's law firm.

Writ of ReviewAttorney's FeesLabor Code § 5801RemandStipulationAppellate Attorney's FeesWorkers' Compensation Appeals BoardPacific Compensation Insurance CompanyEDW APFFELS COMPANYINC.
References
1
Case No. ADJ11299000
Regular
Oct 09, 2019

ORLANDO WATKINS vs. SME STEEL CONTRACTORS INC., THE HARTFORD

This Workers' Compensation Appeals Board case involves an award of additional attorney's fees and costs. Following a denial of a Petition for Writ of Review by the Second District Court of Appeal, the matter was remanded for an award of fees. The applicant's counsel and defendant's counsel stipulated to a reasonable fee amount of $4,120.88. The Board found this stipulated amount to be reasonable and issued an award accordingly.

Workers' Compensation Appeals Boardattorney's feescostsPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811stipulated agreementremandappellate attorney's feesHartford Casualty Insurance Company
References
1
Case No. ADJ3674520
Regular
Mar 29, 2012

Linda Elachkar vs. Northrop Grumman Corporation, Chartis Insurance Services

This case involves supplemental attorney's fees awarded under Labor Code § 5801. The Court of Appeal denied the employer's petition for writ of review in *Northrup Grumman Corporation v. Workers' Comp. Appeals Bd.*, finding no reasonable basis for the appeal. Consequently, the matter was remanded for the Workers' Compensation Appeals Board to award supplemental attorney's fees to the applicant, Linda Elachkar. The parties stipulated to a fee of $4,812.50, which the Board found to be reasonable.

Supplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewReasonable BasisRemandAppeals BoardStipulationAttorney's FeeNorthrop Grumman CorporationChartis Insurance Services
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. 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. ADJ6861829
Regular
Jun 13, 2012

BART JAMES JOHNSON vs. BEYETTE'S TREE CARE

This case involves a supplemental award of attorney's fees to Bart James Johnson's attorney, pursuant to Labor Code § 5801. The Court of Appeal denied the employer's petition for writ of review, finding no reasonable basis. Consequently, the case was remanded for attorney's fees. The applicant's attorney requested $3,500.00 for ten hours of work at $350 per hour related to the writ of review. The Workers' Compensation Appeals Board deemed this fee reasonable and awarded it against the uninsured employer.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewRemandReasonable Attorney FeesStipulationPetition for FeeAnswer to PetitionLegal Services
References
1
Case No. MISSING
Regular Panel Decision

Humphreys v. Allstate Insurance Co.

The employer appealed an award of worker's compensation benefits to an employee who suffered a serious injury. The employer claimed the suit was barred by the statute of limitations, but the lower court found, and the Supreme Court affirmed, that the employer and its insurance carrier had waived the statute of limitations through their actions and communications. The court noted the employer's personal payment of medical bills and the insurer's settlement negotiations led the uneducated employee to reasonably believe no time limit was being enforced. The case was remanded to the trial court to re-evaluate and potentially increase the award for the employee's full medical and related expenses, as the current award was deemed incomplete.

Workers CompensationStatute of LimitationsWaiverEstoppelMedical ExpensesRemandPermanent Partial DisabilityAppellate ReviewEmployer LiabilityInsurance Coverage
References
7
Case No. ADJ2531693 (MON 0284829)
Regular
Feb 22, 2012

VIRGINIA SIEGEL vs. UNIVERSITY OF CALIFORNIA LOS ANGELES - EXTENSION DEPARTMENT BUSINESS, OCTAGON RISK SERVICES

This case involves the award of additional attorney's fees to applicant's counsel following a successful defense of a Petition for Writ of Review at the appellate level. The Court of Appeal had previously remanded the matter to the Workers' Compensation Appeals Board (WCAB) for the purpose of making this supplemental award. Applicant's attorney requested $2,400.00 for six hours of work at $400.00 per hour, plus $179.07 in costs. The WCAB found this amount reasonable given the attorney's extensive experience and the successful outcome. An award of $2,579.07 in appellate attorney's fees and costs was made against the defendant.

Labor Code § 5801Petition for Writ of ReviewCourt of AppealSupplemental Attorney's FeeAppellate Attorney's FeeRemandWorkers' Compensation Appeals BoardReasonable Attorney FeesLegal ServicesPetition for Award of Attorney's Fee
References
3
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. MISSING
Regular Panel Decision

Placona v. Consolidated Edison Co. of New York, Inc.

A Consolidated Edison Company of New York, Inc. employee (petitioner) was discharged after his home's electric meter was found tampered with. The Utility Workers Union of America, Local 1-2 AFL/CIO filed a grievance on his behalf, which proceeded to arbitration. The arbitrator upheld the discharge, finding sufficient and reasonable cause. The petitioner sought judicial review, and the Supreme Court, Queens County, vacated the award and remitted for a new hearing. This appellate court reversed the Supreme Court's judgment, denying the application to vacate the arbitrator's award. The court found that the petitioner failed to demonstrate by clear and convincing proof that the arbitrator was guilty of misconduct or exceeded his power, and the award was not completely irrational, as the arbitrator was within his power to use the presumption of tampering.

Arbitration AwardVacate JudgmentEmployee DischargeMeter TamperingJudicial ReviewAppellate CourtCollective BargainingUnion GrievancePresumption of GuiltRational Basis
References
8
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