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

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. ADJ316515 (SAL 0118244) ADJ1659308 (SAL 0048019)
Regular
Apr 06, 2009

DONN TRENNER vs. MONTEREY PENINSULA AIRPORT DISTRICT, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinded the WCJ's award, and returned the case for further proceedings. The WCJ incorrectly calculated attorney fees under Labor Code section 5814.5 by applying a percentage of a penalty, rather than assessing reasonable hours at a reasonable rate. The Board emphasized that the fee determination must follow the controlling factors outlined in *Ramirez v. Drive Financial Services*. The case is remanded to ensure the attorney fee award is neither disproportionate to benefits obtained nor based on an impermissible calculation method.

Labor Code Section 5814.5Ramirez v. Drive Financial ServicesWCJAppeals Board en bancattorney's feespenaltymedical treatmentablation procedureco-pay reimbursementRocha v. Puccia Construction Co.
References
Case No. FRE 0131884
Regular
May 28, 2008

CARMEN E. SOLLARS vs. TARGET STORES

The Court of Appeal remanded this case for additional attorney's fees for applicant's counsel after the defendant's petition for writ of review was denied. While applicant's counsel requested $8,640 based on 28.8 hours at $300/hour, the Appeals Board reduced the award. The Board found the requested rate and hours excessive, awarding $2,500 based on 10 hours at $250/hour, considering the result, work performed, and difficulty.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesLabor Code § 5801Court of AppealRemittiturSupplemental AwardAppellate WorkHourly RateReasonable Fees
References
Case No. ADJ10138143
Regular
Sep 01, 2017

SHIRLEY BROWN vs. MERCY MEDICAL CENTER MERCED COMMUNITY CAMPUS, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending a prior decision. The Board ruled that attorney's fees for the applicant's counsel should be based entirely on their reasonable hourly rate and hours worked, not a combination of hourly rate and a percentage of the recovery. This decision clarified that fees owed by an employer under Labor Code § 4064(c) for an unrepresented employee's attorney are determined by the reasonableness of hours and hourly rate, not the indemnity awarded. Consequently, the applicant's attorney was awarded $10,758.75.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's FeesHourly RatePercentage of RecoveryLabor Code § 4064Declaration of Readiness to ProceedStipulations with Request for AwardQuantum MeruitIndemnity
References
Case No. ADJ1173648 (RDG 0088199) ADJ1460955 (RDG 0111795)
Regular
May 16, 2012

VANCE MARQUEZ vs. B&S AUTO & TRUCK, CALIFORNIA INDEMNITY, PREFERRED EMPLOYERS SAN DIEGO, CLARENDON/AMERICAN ALL RISK LOSS FRESNO

This case concerns a remand from the Court of Appeal to the Workers' Compensation Appeals Board (WCAB) for attorney's fees. Applicant's counsel petitioned for $6,000 based on 20 hours at $300/hour, later revising the request to $400/hour due to his specialist certification and experience. The WCAB awarded $7,600, based on 19 hours at $400/hour, considering the complexity of the defendant's petition and the attorney's expertise. This award is against California Indemnity for services rendered in responding to the defendant's petition for writ of review.

Attorney FeesLabor Code section 5801Petition for Writ of ReviewAppeals BoardCertified Workers' Compensation SpecialistHourly RateSacramento County Bar AssociationAppellate WorkNovel IssuesLegislative Intent
References
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
Case No. ADJ7415342
Regular
Jul 01, 2013

Maggie Davis vs. Kern Medical Center, County of Kern

The Workers' Compensation Appeals Board denied the County of Kern's Petition for Reconsideration regarding an award of attorney's fees. The Board affirmed the WCJ's decision to award applicant's attorney $770.00 based on 2.2 hours at $350.00 per hour for deposition representation. The Board found the defendant's arguments regarding the hourly rate, comparing it to physician and defense attorney rates, to be irrelevant and frivolous. The Board adopted the WCJ's reasoning that applicant attorneys' fees are distinct from defense counsel's billing practices and established $350.00 per hour as reasonable for a Certified Workers' Compensation Specialist in the Bakersfield office.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code §5710Deposition Attorney's FeesHourly RateCertified SpecialistBakersfieldKern Medical CenterCounty of KernApplicant Attorney
References
Case No. FRE 0193970
Regular
Aug 07, 2007

STEVEN L. SMITH vs. IMC CHEMICAL, INC.

The Court of Appeal remanded this case for the Appeals Board to award attorney's fees for responding to the defendant's petition for writ of review. The applicant's attorney requested $15,600 for 52 hours of work, citing extensive research and numerous case citations. The Appeals Board awarded $3,750, finding the requested amount excessive and deeming 15 hours at $250/hour reasonable for the slightly above-average complexity of the appellate issues.

WCABLabor Code § 5801Petition for Writ of ReviewAttorney's FeesFifth Appellate DistrictRemandSupplemental AwardPetition for ReconsiderationSubstantial EvidenceNovel Issue
References
Case No. ADJ4564984 (MON 0201538)
Regular
Apr 20, 2009

EdUARDO RODRIGUEZ (Deceased) RODRIGUEZ, Teresita (Wife) vs. COUNTY OF LOS ANGELES, USC MEDICAL CENTER, et al.

The Workers' Compensation Appeals Board granted reconsideration to address deficiencies in the original award for home health care services. The Board found a lack of substantial evidence supporting the necessity and duration of care provided by the deceased worker's wife, Teresita Rodriguez. Crucially, the WCJ failed to specify the basis for the awarded hours and hourly rate, and did not adequately address potential differences in rates over time or periods of hospitalization. The matter was returned to the trial level for further development of the record to determine the actual need for care, the precise number of hours, and appropriate rates, as well as to clarify the defendant's notice of the need for services.

Workers Compensation Appeals BoardReconsiderationFindings and AwardHome Health Care ServicesLien ClaimantAgreed Medical EvaluatorIndustrial InjuryPermanent DisabilitySelf-Procured Medical TreatmentRenal Failure
References
Case No. AHM 0097527
Regular
Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization
References
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