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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Zizolfo v. Western Electric Co.

This case involves an appeal from a Workers’ Compensation Board decision, filed on November 29, 1978, concerning an attorney's fee. The claimant's attorney, designated as the appellant, sought an additional $1,500 fee, contending that the initial $500 awarded by a referee was inadequate. The Board, however, determined that the appellant had been sufficiently compensated for services rendered. The appellate court, referencing section 24 of the Workers’ Compensation Law, affirmed the Board's decision, asserting that its determination on attorney's fees would only be disturbed if the fee was arbitrarily, capriciously, or unreasonably low. Finding no such grounds, the court upheld the Board's original ruling.

Attorney's FeesAppellate ReviewBoard DecisionFee DisputeJudicial DiscretionCompensation AwardsLegal ServicesAffirmationAdministrative Appeal
References
2
Case No. ADJ7479879
Regular
Feb 21, 2014

Gregory Foster vs. Toronto Raptors, Chubb Group Insurance (Federal Insurance Company), Milwaukee Bucks, Los Angeles Lakers, TIG Insurance Company

This case involves a remand from the Court of Appeal for the Workers' Compensation Appeals Board (WCAB) to award additional attorney fees to the applicant's attorneys. The Court of Appeal's order, which has become final, was based on services rendered in connection with the defendant's petition for a writ of review. The WCAB determined that $3,500.00 is a reasonable fee, considering the attorney's efforts, the appellate outcome, and the complexity of the work. Consequently, the Board awarded this amount for appellate attorney fees against the defendant Toronto Raptors, insured by Federal Insurance Company.

Workers' Compensation Appeals BoardLabor Code § 5801Petition for Writ of Reviewappellate attorney's feessupplemental awardremandCourt of AppealFourth Appellate DistrictDivision 3Employers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd. (Rodriguez)
References
1
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
1
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. ADJ6773331 ADJ7296677
Regular
Dec 11, 2015

REHAN NAZIR vs. CITY OF TORRANCE POLICE DEPARTMENT, CITY OF TORRANCE

This case involves a remand from the Court of Appeal to the Workers' Compensation Appeals Board (WCAB) for the award of attorney's fees. Applicant's counsel successfully responded to the defendant's Petition for Writ of Review, prompting the appellate court's order. The parties have stipulated to a reasonable fee of $10,000 for these appellate services. The WCAB has issued an award of this $10,000 in additional attorney's fees to the Law Offices of Lawrence R. Whiting, payable to the applicant's counsel in addition to any other compensation.

Workers' Compensation Appeals BoardRehan NazirCity of Torrance Police DepartmentADJ6773331ADJ7296677Long Beach District OfficeOpinion and AwardAdditional Attorney's FeesLabor Code § 5801Labor Code § 5811
References
1
Case No. ADJ9196082 (MF) ADJ10238220
Regular
Oct 02, 2019

JOHN FORKNER vs. SOUTHERN CALIFORNIA EDISON

This case involves a request for additional attorney's fees under Labor Code § 5801 following an unsuccessful writ of review by Southern California Edison. The Appeals Board found the applicant's attorney's requested rate of $450/hour reasonable. Despite the sole appellate issue being the substantiality of a medical opinion, the Board deemed the case of above-average complexity due to extensive briefing and exhibits filed by both parties. Therefore, the Board awarded $18,000.00 in appellate attorney's fees.

Workers' Compensation Appeals BoardSouthern California EdisonPetition for Writ of ReviewLabor Code § 5801attorney's feesappellate attorney's feesAgreed Medical EvaluatorAMEabove average complexityfactual issues
References
1
Case No. AHM 108812 AHM 108813 AHM 108814
Regular
Nov 06, 2007

OLIVIA ZAVALA vs. METROPOLITAN WATER DISTRICT

This case involves an award of attorney's fees under Labor Code § 5801 following a successful defense against the defendant's Petition for Writ of Review. The Court of Appeal remanded the matter for the Board to determine reasonable attorney's fees for the applicant's counsel's services. The applicant's attorney requested $5,171.89, but both parties ultimately stipulated to a total of $5,000.00 for attorney's fees and appellate costs.

Workers' Compensation Appeals BoardAttorney's FeeLabor Code § 5801Petition for Writ of ReviewCourt of AppealStipulationAppellate CostsMetropolitan Water DistrictReasonable Attorney's Fees
References
1
Case No. ADJ8621726
Regular
Feb 27, 2020

LEONARD DE LA ROSA vs. KLOECKNER USA HOLDINGS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Fourth District Court of Appeal remanded this case for the Appeals Board to award supplemental attorney fees to the applicant's attorneys for services rendered in opposing the defendant's petition for writ of review. The applicant's attorneys requested over $40,000.00 based on their time and hourly rates, citing the complexity of the case, specifically concerning permanent disability apportionment. After reviewing the submissions and considering the factors for reasonable appellate fees, the Board awarded $32,500.00, finding some billed time appeared clerical or not directly related to the appellate answer. This award is in addition to any compensation payable to the applicant.

Labor Code § 5801Attorney's feesPetition for Writ of ReviewFourth District Court of AppealAppeals BoardSupplemental awardReasonable attorney feesApplicant's attorneysTime itemizationsSworn declarations
References
3
Case No. ADJ273572
Regular
Nov 14, 2008

DIANE DRUEBERT vs. KELLY STAFF LEASING, INC.

This case concerns an award of attorney's fees and costs to the applicant's counsel for successfully opposing the defendant's Petition for Writ of Review at the appellate level. The Court of Appeal remanded the matter for this specific purpose. The Appeals Board awarded $4,350.00 in attorney's fees and $142.61 in costs, totaling $4,492.61, after reviewing the attorney's itemized time and the complexity of the appellate work.

Workers' Compensation Appeals BoardPetition for Writ of ReviewSupplemental Attorney's FeesLabor Code § 5801Reasonable CostsCourt of AppealAppellate Attorney's FeesComplex IssuesLegislative IntentSocial Security Offset
References
1
Case No. ADJ1390531
Regular
Aug 06, 2015

SARITA JANE BISSETT GARCIA vs. PEACE AND JOY CARE CENTER, ILLINOIS MIDWEST INSURANCE AGENCY

This case involves a workers' compensation appeal where the Court of Appeal remanded the matter to the Board for attorney's fees. Defense counsel informed the Board that a total of $\$11,000.00$ in attorney's fees was agreed upon, with an initial payment of $\$7,500.00$ and an additional $\$3,500.00$. The Workers' Compensation Appeals Board has issued an award for these agreed-upon appellate attorney's fees. This award is payable in addition to any compensation provided to the applicant.

Workers' Compensation Appeals BoardAttorney's FeesLabor Code § 5801Petition for Writ of ReviewCourt of AppealRemandAppellate Attorney's FeesPeace and Joy Care CenterVirginia Surety Inc.Marvin L. Mathis
References
1
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