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

Case No. ADJ2601082 (SRO 00994437); ADJ641109 (SRO 013784); ADJ2342446 (SRO 0132314); ADJ3682825 (SRO 0132313)
Regular
Aug 09, 2011

JOANNA RILLON, ROBERT STRATTON, EVODIO CARRANZA vs. K-MART CORPORATION; SEDGWICK, TYRIS CORPORATION; STATE COMPENSATION INSURANCE FUND, G&G FOODS; STATE COMPENSATION INSURANCE FUND

In these consolidated cases, the Workers' Compensation Appeals Board reversed Workers' Compensation Judge decisions that limited attorney William T. Ferchland's fees to 12% of increased benefits. The Board found that Ferchland's requested fees, ranging from 13% to 15%, were justified given the good results obtained for his clients through successful negotiations of Compromise and Release agreements. The Board emphasized that while time is a factor, the quality of results achieved is paramount in fee determinations. Consequently, the Board awarded Ferchland the higher fee percentages he initially sought in each case.

Compromise and ReleaseIncreased BenefitsAttorney's FeesWCJ ReportPetition to ReopenPermanent DisabilityMedical TreatmentMandatory Settlement ConferenceVoluntary CooperationLegal Complexity
References
Case No. ADJ7419350
Regular
Apr 27, 2015

MARLON WHITLEY vs. BELL PLASTICS, THE HARTFORD

The Appeals Board granted reconsideration of the WCJ's attorney fee split, rescinding the original order. The WCJ failed to adequately consider all statutory factors for a reasonable attorney fee, specifically the responsibility assumed, care exercised, and results obtained, relying too heavily on estimated hours. The case is returned to the WCJ for further proceedings, development of the record, and a new decision. This new decision must properly consider all relevant factors mandated by Labor Code section 4906 and WCAB Rule 10775.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's Fee SplitLabor Code section 4906WCAB Rule 10775Findings and OrderSanctionHourly Attorney's FeesGood Faith NegotiationTime Expended
References
Case No. POM 0231129
Regular
Jun 03, 2008

PEGGY MAYER SPIER vs. BRIDGECREEK RETIREMENT HOME, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over attorney's fees from a workers' compensation settlement. The WCJ initially divided the remaining $10,500 in fees based solely on the length of representation, awarding $9,450 to the applicant for self-representation and $1,050 to the former attorney. The former attorney sought reconsideration, arguing the WCJ improperly ignored statutory factors like responsibility, care, time, and results obtained. The Appeals Board granted reconsideration and remanded the case for a new fee determination based on all four statutory criteria.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesCompromise and ReleasePropria PersonaLien ClaimantAgreed Medical ExaminerThoracic Outlet SyndromeLabor Code Section 4906(d)Rule 10775
References
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
Case No. ADJ2478986 (SAC 0326370)
Regular
Oct 07, 2014

LINDA FUNK vs. DELTA DENTAL PLAN OF CALIFORNIA, LIBERTY MUTUAL INSURANCE COMPANY

This case involves an award of additional attorney's fees to the applicant's attorneys following a successful defense of a Petition for Writ of Review. The Court of Appeal remanded the case for the Board to determine reasonable fees for appellate services. The applicant's attorneys requested $4,160.00, and the Board awarded $3,840.00, disallowing time spent on fee preparation. This award is made in addition to any other compensation owed to the applicant.

Workers' Compensation Appeals BoardAttorney's FeePetition for Writ of ReviewCourt of AppealLabor Code § 5801Supplemental AwardCertified Workers' Compensation SpecialistAppellate Attorney's FeesLiberty Mutual Insurance CompanyDelta Dental Plan
References
Case No. ADJ3670273 (STK 0188965)
Regular
Dec 27, 2013

ROBERT CRANE vs. SMT RESOURCE/GRANITE STATE INSURANCE COMPANY, as administered by CHARTIS CLAIMS, INC.

This case involves a request for supplemental attorney's fees for services rendered in appealing a workers' compensation decision. The Court of Appeal previously remanded the case to the Workers' Compensation Appeals Board (WCAB) to determine reasonable fees for the applicant's attorney. The applicant's attorney requested $7,652.00 for 19.13 hours of work at $400 per hour. The WCAB found this amount reasonable and awarded it to the applicant's attorneys, Rockwell, Kelly & Duarte, LLP.

Workers' Compensation Appeals BoardPetition for Writ of ReviewCourt of AppealSupplemental Attorney's FeeLabor Code § 5801Appellate ServicesReasonable Attorney FeesPetition for Writ of ReviewTime SpentHourly Rate
References
Case No. ADJ6844781
Regular
Jun 04, 2013

JOSE PORTILLO vs. SOUTWEST TRAILS, INC., CASTLEPOINTE, Administered By TOWER GROUP COMPANIES

This Workers' Compensation Appeals Board decision awards an additional $3,500.00 in attorney's fees to Applicant's counsel. The award stems from services rendered in successfully defending against Defendant Southwest Trails, Inc.'s Petition for Writ of Review. The Court of Appeal had previously remanded the case specifically for this supplemental fee determination. The Board found the requested amount reasonable based on attorney effort, complexity, and the appellate victory.

WORKERS' COMPENSATION APPEALS BOARDADDITIONAL ATTORNEY'S FEELABOR CODE § 5801Petition for Writ of ReviewCourt of Appealsupplemental awardappellate attorney's feeEmployers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd.respondentapplicant
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. ADJ10551600
Regular
Mar 02, 2018

JOSE TORRES vs. COUNTY OF STANISLAUS, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration because the primary treating physician's opinion, which formed the basis of the award, was not supported by substantial evidence. The physician's impairment ratings for the applicant's neck and back were based on outdated strength testing results from 1.5 years prior to his report and conflicted with more recent findings. The Board found the physician's examination inadequate, thus rescinding the award and remanding the case for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Award OpinionPermanent Disability RatingSubstantial EvidencePrimary Treating PhysicianQualified Medical EvaluatorJamar TestingOutdated Testing ResultsInadequate Examination
References
Case No. ADJ10773450
Regular
Feb 20, 2018

RONALD WOODWARD vs. RESULTS RADIO, PACIFIC COMPENSATION INSURANCE COMPANY

The WCAB granted reconsideration to address the WCJ's finding that a QME's apportionment opinion lacked substantial evidence. The Board found that the QME's opinion, based on medical expertise and a recent MRI showing degenerative conditions, constituted substantial evidence despite the absence of pre-injury medical records. The WCAB rescinded the WCJ's findings and returned the case for further proceedings, including potentially obtaining a supplemental report from the QME after reviewing prior treatment records, and for a new decision on permanent disability and apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactQualified Medical EvaluatorApportionmentSubstantial EvidencePermanent DisabilityLumbar SpineLeft KneeLeft Ankle
References
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