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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. ADJ10307427
Regular
Mar 21, 2017

CHRISTOPHER DEVEREUX vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured; administered by THE HARTFORD

This case concerns an award of additional attorney's fees for applicant's counsel, pursuant to Labor Code § 5801. The Third District Court of Appeal remanded the matter for this purpose after denying the defendant's Petition for Writ of Review. The parties stipulated to reasonable attorney's fees of $2,500.00. The Board has issued an award of these appellate attorney's fees in favor of the applicant's counsel, payable in addition to any compensation awarded to the applicant.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feesPetition for Writ of Reviewappellate attorney's feesstipulationawardState Compensation Insurance FundThe Hartfordremanded
References
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
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
Case No. ADJ1327831 (OAK 0340713)
Regular
Dec 12, 2008

RACHEL SUCHAN vs. SKYWEST AIRLINES

The Court of Appeal remanded this case to the Workers' Compensation Appeals Board (WCAB) to award attorney's fees for responding to the defendant's Petition for Writ of Review. Applicant's counsel requested $8,000 based on 16 hours at $500/hour, but the WCAB found the issues to be of less than average complexity. The WCAB awarded $2,500 in appellate attorney's fees, considering the attorney's experience, the simplicity of the legal arguments, and the lack of specialist certification.

Attorneys' feesPetition for Writ of ReviewLabor Code § 5801Court of AppealThird Appellate DistrictSupplemental awardContingency fee lawyerCertified workers' compensation specialistAppellate attorney's feesReasonableness of fees
References
Case No. ADJ2567272 (AHM 0105012)
Regular
Oct 15, 2012

, Applicant, FELIX NINO MOTA vs. ALLGREEN LANDSCAPE; NATIONAL INSURANCE COMPANY, Administered by FARA Adjusting Services

Applicant's attorneys requested $51,900 in attorney's fees under Labor Code Section 5801 for work related to a writ of review. The Appeals Board found the declarations supporting the request inadequate due to lack of itemization and justification for the hours and rates. Consequently, the Board may award a fee of up to $16,000, but reserves the right to award substantially less or nothing at all due to the potentially inflated nature of the initial request. Applicant's attorneys must provide detailed itemizations and show good cause to receive any fee.

Labor Code section 5801attorney's feespetition for writ of reviewAppeals Boarddeclarationsitemized billingshourly ratecertified workers' compensation specialistclerical tasksunreasonably inflated
References
Case No. ADJ1978559
Regular
Feb 03, 2017

JACKIE ABRAMIAN vs. GLENDALE ADVENTIST MEDICAL CENTER

The Court of Appeal ordered the Workers' Compensation Appeals Board (WCAB) to award attorney's fees to applicant's counsel for successfully defending against the defendant's petition for writ of review. The applicant's counsel sought $4,850.00 in fees and $141.87 in costs. Both parties stipulated to these amounts as reasonable. The WCAB has now issued an award for these additional attorney's fees and costs, payable to applicant's counsel, Scott B. Solis.

WORKERS' COMPENSATION APPEALS BOARDGlendale Adventist Medical CenterOpinion and AwardAttorney's FeesPetition for Writ of ReviewLabor Code section 5801Labor Code section 5811RemandStipulationAppellate Attorney's Fees
References
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