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

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
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. 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
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. 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. ADJ4039795
Regular
Feb 03, 2010

Errol Holmes vs. SHELL OIL COMPANY, ESIS/EMPLOYERS SELF-INSURANCE SERVICES

Applicant's attorney sought additional fees for opposing Shell Oil's writ of review, which the Court of Appeal granted, remanding for supplemental fees. The Appeals Board initially awarded $3,000 based on estimated hours and a reasonable rate after no response was received to a request for itemized fees. The applicant's attorney then claimed he did not receive the request and sought $5,751.57 in fees. Despite treating his letter as a reconsideration petition, the Appeals Board reviewed the matter again and reaffirmed the $3,000 award, finding it adequate and denying any additional compensation.

Workers' Compensation Appeals BoardErrol HolmesShell Oil CompanyESISEmployers Self-Insurance ServicesPetition for Writ of ReviewSupplemental Attorney FeesLabor Code § 5801Petition for ReconsiderationLabor Code § 5902
References
0
Case No. ADJ4280040 (VNO 0557524)
Regular
Jun 09, 2010

CARLOS GUZMAN vs. BARRETT BUSINESS SERVICES, INC.

This case involves a supplemental attorney's fee award for applicant's counsel. The Court of Appeal denied the defendant's petition for writ of review and remanded for attorney's fees and costs. While the applicant's attorney requested $2100 based on six hours at $350/hour, the Board awarded $1500 based on six hours at $250/hour, considering the attorney's recent admission to the bar and lack of specialization. Costs were not awarded as they were not requested.

Supplemental Attorney's FeesLabor Code §5801Petition for Writ of ReviewReasonable Attorney's FeesHourly RateState Bar AdmissionCertified SpecialistWorkers' Compensation Appeals BoardBarrett Business ServicesInc.
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. 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. ADJ3299212
Regular
Oct 18, 2011

LISA WEILMANN vs. UNITED TEMPORARY SERVICE, TIG SPECIALTY INSURANCE COMPANY

This Workers' Compensation Appeals Board opinion awards supplemental attorney's fees of $2,100.00 to applicant's counsel. This award stems from the Court of Appeal's denial of the defendant's petition for writ of review and its subsequent granting of the applicant's request for fees under Labor Code § 5801. The applicant's attorney requested this fee for six hours of work at $350 per hour, which the Board found reasonable. The award is against TIG Specialty Insurance Company.

WORKERS' COMPENSATION APPEALS BOARDSUPPLEMENTAL ATTORNEY'S FEESLABOR CODE § 5801Court of Appealpetition for writ of reviewremittiturapplicant's attorney requestreasonable feeTIG Specialty Insurance CompanyRisk Enterprise Management
References
1
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