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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ2340102 (LAO 0751270) ADJ4406096 (LAO 0784412)
Regular
Apr 27, 2017

JOSE MORFIN vs. WHITE MEMORIAL MEDICAL CENTER, ADVENTIST HEALTH

This case involves an award of additional attorney's fees for applicant's counsel in the California Court of Appeal. The court remanded the matter for supplemental fees after the defendant's unsuccessful Petition for Writ of Review. While applicant's attorney sought $11,480.00 in fees, the Board found this excessive and awarded $8,000.00 based on a review of the appellate work and the contentious history of the litigation. The Board also awarded the requested costs of $67.58, totaling $8,067.58 in additional appellate attorney's fees and costs.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesItemization of Attorney's FeesExcessive Fee RequestReasonable Fee DeterminationCase-by-Case Basis
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. 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
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
Case No. ADJ1666303
Regular
Oct 21, 2011

ALTHEA RUSSELL vs. SECURITAS SECURITY SERVICES, BROADSPIRE

This case involves a supplemental award of attorney's fees to the applicant's attorneys, Charles Clark and Stuart Barth, following a successful defense against the defendant's petition for writ of review. The Court of Appeal remanded the matter to the Workers' Compensation Appeals Board (WCAB) to make this supplemental award under Labor Code § 5801. The WCAB reviewed the fee requests and, after disallowing fees for a separate sanctions motion, awarded Clark $2,800.00 and Barth $1,207.50 for their appellate services.

Labor Code § 5801supplemental attorney's feeswrit of reviewpetition for writ of reviewreasonable feeattorney servicesWorkers' Compensation Appeals BoardSecuritas Security ServicesBroadspireCourt of Appeal
References
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
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
Case No. ADJ9508272
Regular
Oct 11, 2017

FERESHTEH ALAEI-NIA vs. MACY'S INC.

This Workers' Compensation Appeals Board case involves an award of additional attorney's fees and costs to applicant's counsel. The Second District Court of Appeal had previously remanded the case for such an award after denying the defendant's Petition for Writ of Review. The Board reviewed the itemized request, considering factors like time, effort, skill, complexity, and the frivolous nature of the defendant's petition. Ultimately, the Board awarded $8,955.00 in attorney's fees and $120.14 in costs, totaling $9,075.14.

Writ of ReviewSupplemental Attorney's FeesLabor Code § 5801Appellate Attorney's FeesCase-by-case basisFrivolous PetitionIndustrial Psychiatric InjuryVenue ChallengeReasonable Hourly RateItemization of Attorney's Fees
References
Case No. ADJ10307427
Regular
Mar 21, 2017

CHRISTOPHER DEVEREUX vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured; administered by THE HARTFORD

This case concerns an award of additional attorney's fees for applicant's counsel, pursuant to Labor Code § 5801. The Third District Court of Appeal remanded the matter for this purpose after denying the defendant's Petition for Writ of Review. The parties stipulated to reasonable attorney's fees of $2,500.00. The Board has issued an award of these appellate attorney's fees in favor of the applicant's counsel, payable in addition to any compensation awarded to the applicant.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feesPetition for Writ of Reviewappellate attorney's feesstipulationawardState Compensation Insurance FundThe Hartfordremanded
References
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