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

Case No. ADJ11299000
Regular
Oct 09, 2019

ORLANDO WATKINS vs. SME STEEL CONTRACTORS INC., THE HARTFORD

This Workers' Compensation Appeals Board case involves an award of additional attorney's fees and costs. Following a denial of a Petition for Writ of Review by the Second District Court of Appeal, the matter was remanded for an award of fees. The applicant's counsel and defendant's counsel stipulated to a reasonable fee amount of $4,120.88. The Board found this stipulated amount to be reasonable and issued an award accordingly.

Workers' Compensation Appeals Boardattorney's feescostsPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811stipulated agreementremandappellate attorney's feesHartford Casualty Insurance Company
References
1
Case No. ADJ9770975
Regular
Mar 13, 2020

GUSTAVO RUBALCAVA, vs. AMERJIT GILL AND COAST XPRESS AKA COAST EXPRESS, INC.,

This case concerns an award of additional attorney's fees to the applicant's attorney following a successful defense against the defendant's petition for writ of review. The Court of Appeal had remanded the matter for such an award. The Appeals Board awarded $20,500.00 in attorney's fees and $712.69 in costs, reducing the requested amounts due to duplicative entries and internal copying charges. The award is for services rendered in opposing the writ of review, considering the complexity of the issues and the quality of the appellate work.

Labor Code § 5801supplemental awardattorney's feeswrit of reviewFifth District Court of Appealverified petitionhourly rateappellate workreasonable feescomplexity of issues
References
2
Case No. MISSING
Regular Panel Decision
Feb 22, 1993

Lyons v. National Union Fire Insurance

This case concerns an appeal from an order and judgment by the Supreme Court, Kings County, regarding an arbitration award. The Supreme Court initially granted the petitioner's request to confirm the arbitration award and denied the appellant's cross-application to reduce it by workers' compensation benefits. On appeal, the order and judgment was modified, granting the appellant's cross-application and thereby reducing the award to the petitioner based on an insurance policy provision. The appellate court affirmed that the petitioner is entitled to prejudgment interest on the adjusted amount. This decision highlights the enforceability of insurance policy offsets for workers' compensation benefits against uninsured motorist endorsements.

Arbitration awardWorkers' Compensation benefitsUninsured motorist endorsementInsurance policy offsetPrejudgment interestAppellate reviewJudicial modificationKings CountyCPLRContractual reduction
References
1
Case No. ADJ3310545
Regular
Dec 07, 2017

LANCE GOODWIN vs. EDW APFFELS COMPANY, INC., PACIFIC COMPENSATION INSURANCE COMPANY

This case involves an award of additional attorney's fees under Labor Code § 5801. The Second District Court of Appeal previously remanded the matter for such an award after denying the defendant's Petition for Writ of Review. Applicant's counsel and the defendant stipulated to reasonable attorney's fees of $8,000.00 for services rendered in responding to the petition. The Board found the stipulated amount reasonable and issued the award to the applicant's law firm.

Writ of ReviewAttorney's FeesLabor Code § 5801RemandStipulationAppellate Attorney's FeesWorkers' Compensation Appeals BoardPacific Compensation Insurance CompanyEDW APFFELS COMPANYINC.
References
1
Case No. ADJ10483516, ADJ6690853, ADJ886741 (POM 0300434)
Regular
May 02, 2018

CAROLINE JOHNSON vs. CAREMARK RX, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Court of Appeal remanded this case to the Appeals Board to award additional attorney's fees to the applicant's attorney for services rendered in opposing the defendant's Petition for Writ of Review. The applicant's attorney sought $9,200.00 for 23 hours of work at $400.00 per hour. After reviewing the petition and considering factors like time, effort, skill, and complexity, the Appeals Board awarded the full requested amount of $9,200.00 in attorney's fees. This award is in addition to any other compensation due to the applicant.

Workers' Compensation Appeals BoardPetition for Writ of ReviewSupplemental attorney's feesLabor Code § 5801Court of Appealappellate attorney's feesapplicant's attorneyhourly ratereasonable feesremand
References
2
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. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
0
Case No. ADJ2852962 (SFO 0492897)
Regular
Jul 07, 2011

Francisco Torres vs. Foundation & Earth Retaining Systems, California Insurance Company

The Court of Appeal denied the defendant's petition for writ of review and found no reasonable basis for it. Consequently, the case was remanded for the Workers' Compensation Appeals Board (WCAB) to award supplemental attorney's fees under Labor Code § 5801. The WCAB awarded $7,500 in attorney's fees, finding the requested amount excessive and the submitted time records insufficiently detailed despite the penal nature of the statute. The WCAB also awarded $229.96 in appellate costs.

Supplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewReasonable Attorney's FeeAppellate CostsLabor Code § 5811No Reasonable BasisPenal AspectUnverified Time RecordsExcessive Fees
References
1
Case No. MISSING
Regular Panel Decision

Ritter v. Ritter

This case involves a divorce action where the plaintiff sought temporary maintenance. The Supreme Court initially awarded the plaintiff $10,000 per month, retroactive for six months. The defendant appealed this decision, arguing the award was excessive. The appellate court modified the original order, reducing the temporary maintenance award to $6,500 per month and the retroactive amount to $39,000. The court considered the plaintiff's substantial annual income of $110,000 from her consultancy with Barbizon Corporation, where the defendant is CEO, as well as other benefits and expenses covered by the defendant or the corporation, such as medical insurance, life insurance, and automobile costs. The court found the plaintiff's stated monthly expenses inflated and unsupported, noting that she had previously managed on a lower allowance and that a new mortgage was taken out just before the action began, ostensibly for attorney fees, which the court did not sanction through increased maintenance.

DivorceTemporary MaintenanceSpousal SupportFinancial NeedStandard of LivingMarital AssetsRetroactive AwardAppellate ReviewExcessive AwardHousehold Expenses
References
7
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
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