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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8067615
Regular
Apr 15, 2015

Latonia Bowman vs. SARA LEE CORPORATION, ACE AMERICAN INSURANCE COMPANY

This case involves an attorney's request to be relieved due to irreconcilable differences with his client. The applicant had accused the attorney of misconduct and collusion with the insurance company. Although the applicant later expressed remorse and a desire to be a better client, the Appeals Board found the attorney-client relationship had irrevocably deteriorated. Consequently, the Board granted the attorney's petition and relieved his firm as counsel for the applicant.

Petition for RemovalDismissal of AttorneyIrreconcilable DifferencesAttorney-Client PrivilegeMisconductFraudCollusionBreakdown of RelationshipWorkers' Compensation Appeals BoardWCJ
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. 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. 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. 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. ADJ10600929
Regular
Dec 02, 2020

LUSINO ABARCA vs. AMERICAN APPAREL USA, LLC, ARCH INDEMNITY INSURANCE COMPANY, CORVEL CORPORATION, NEW HAMPSHIRE INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Court of Appeal remanded this case to the Appeals Board for an award of additional attorney's fees for services rendered opposing a petition for writ of review. Applicant's attorney requested $7,600.00 for 19 hours of work at $400.00 per hour, providing a detailed accounting of services. The Appeals Board found this request reasonable based on the attorney's skill, the good result obtained, and the lack of objection from the defendant. The Board awarded the full requested amount of $7,600.00 in attorney's fees to applicant's counsel.

Labor Code § 5801Attorney's FeesWrit of ReviewAppeals BoardReasonable FeeAppellate ServicesApplicant's AttorneyDefendant's PetitionCase-by-case basisJudicial Review
References
Case No. ADJ10765191
Regular
May 18, 2018

LARHONISH CAREY vs. MOLINA HEALTHCARE, TRAVELERS PROPERTY CASUALTY COMPANY

Applicant's attorneys seek reconsideration of a $0.00 attorney's fee award where their Compromise and Release contemplated a $1,350.00 fee. The Board granted reconsideration, finding procedural errors in the attorney's fee disclosure forms and the signing of the C&R by a non-attorney representative. The Board will affirm the $0.00 fee award unless the attorneys correct these deficiencies within 15 days.

WCABPetition for ReconsiderationCompromise and ReleaseAttorney FeesLabor Code section 4906WCAB Rule 10773Non-attorney Hearing RepresentativeFee Disclosure StatementAttorney DisclosureExpedited Trial Hearing
References
Case No. ADJ3550549 (LAO 0884192)
Regular
Sep 22, 2016

JACK DUPONT (Dec'd), ANYAWAN DUPONT (Widow) vs. C.R. ENGLAND, INC.; XL SPECIALTY INSURANCE COMPANY, administered by BROADSPIRE

This case involves a remand from the Court of Appeals to the Workers' Compensation Appeals Board (WCAB) for the purpose of awarding attorney's fees and costs under Labor Code Section 5801. Applicant's attorney and the defendant's attorney jointly stipulated to an award of $11,600.00 to resolve this issue. The WCAB approved this stipulation and returned the matter to the trial level.

Labor Code section 5801attorney's feesWorkers' Compensation Appeals Boardremandedstipulationapplicant's attorneydefendant's attorneyjoint lettertrial levelaward
References
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