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Case Law Database

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

Case No. ADJ4292283 (SRO 0134365)
Regular
Dec 24, 2012

SYLVIA MILES vs. WAL-MART, INC., Permissibly Self-Insured

The Appeals Board granted reconsideration to re-evaluate an interim attorney's fee awarded in a permanent total disability case. Initially, the WCJ awarded $49,286.16, but the applicant's attorney argued it was unreasonably low and should account for Cost of Living Adjustments (COLAs). The Appeals Board rescinded the WCJ's decision, finding the attorney entitled to a 15% fee on the commuted present value of the lifetime award, including COLAs. This revised fee, calculated with a 3% COLA effective January 1, 2008, totals $94,985.91, commuted using the "uniformly increasing reduction method."

Workers' Compensation Appeals BoardPermanent Total DisabilityAttorney FeeReconsiderationCost of Living Adjustment (COLA)Labor Code Section 4659(c)Commuted ValuePresent Value CalculationsUniformly Increasing Reduction MethodLodestar Calculation
References
Case No. ADJ3711842 (ANA 0409880)
Regular
Jun 21, 2013

SEAN GILBERT vs. OAKLAND RAIDERS, ACE USA

This case concerns disputed attorney fees in a workers' compensation claim. The applicant seeks to correct a clerical error in the award regarding the distribution of permanent disability benefits between himself and his counsel. The defendant challenges the calculation of attorney fees, arguing they should be based on the present value of the award, not its full value, and claims improper ex parte communication by a DEU rater. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings to address these issues and ensure proper calculation and distribution of fees.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability IndemnityAttorney's FeesPresent ValueEx Parte CommunicationDEU RaterCross-examinationClerical ErrorLife Pension
References
Case No. ADJ3563222 (SRO 0126894)
Regular
Jul 25, 2013

SHARON KARR-REDDELL vs. CHRISTOPHERSON HOMES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding attorney's fees awarded to applicant's counsel, John Bloom. The WCAB found the original decision erred by calculating fees based on the gross award rather than present value and by not commuting the life pension award for fee payment. The WCAB rescinded the prior order, awarding Mr. Bloom a total of $32,768.18 in attorney's fees based on the present value of both the permanent disability and life pension awards. These fees are to be paid as lump sums commuted from the respective awards through uniform reduction of future payments.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability AwardLife Pension AwardAttorney's FeeCommutationPresent ValueUniform Reduction MethodLabor Code Section 4659(c)State Average Weekly Wage
References
Case No. ADJ3085209 (LAO 0871020), ADJ2932964 (LAO 0828514), ADJ8066790
Regular
Jul 06, 2018

MARC KELLER vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding of unreasonable delay in payments by the City of Los Angeles (City). The WCAB found that the City's application of a credit from one case to the front end of an award in another case was not unreasonable, as the stipulation was silent on the deduction method. Additionally, the WCAB determined that the City's deduction for the present value of a commuted attorney's fee in a separate case was a proper calculation of the award, not an unreasonable withholding. Consequently, no penalties or interest were deemed due.

ADJ3085209ADJ2932964ADJ8066790Petition for ReconsiderationFindings and Awardunreasonable delayLabor Code 4650Labor Code 5814Labor Code 5814.5attorney's fees
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. MON 322663, LAO 0850418
Regular
Dec 10, 2007

DANIEL PAN vs. STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's decision. The Board found that the defendant must include projected future cost-of-living adjustments based on the State Average Weekly Wage (SAWW) when calculating the present value of the permanent disability award to determine attorney's fees. The Board affirmed that a 4.7% SAWW adjustment, representing a 50-year average, is a rational basis for these calculations, and the defendant's contention of speculation was unfounded.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardPermanent Total DisabilityLabor Code Section 4659(c)State Average Weekly WagePresent Value of AwardCommutation of Attorney's FeesDisability Evaluation UnitAnnual Adjustments
References
Case No. ADJ7113572
Regular
Oct 08, 2012

SAMMIE ROGERS vs. BUFFALO BILLS, ATLANTA FALCONS, SAN DIEGO CHARGERS, et al.; TRAVELERS; SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding Sammie Rogers' claim. The WCAB affirmed the original decision but amended it to clarify the attorney's fee structure for a life pension. The amendment specifies that the 15% attorney fee will be commuted from the present value of the life pension, calculated using the artificial far end of the applicant's life expectancy. Jurisdiction is reserved regarding the amount of the life pension until further order.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsiderationLife PensionAttorney's FeePresent ValueCommutationSupplemental OrderJurisdiction Reserved
References
Case No. ADJ8204039
Regular
Oct 13, 2015

DAVID EIERMAN (Deceased); JACKIE KURZ vs. FOOD ETC.; STATE COMPENSATION INSURANCE FUND

This case involves a partial dependent, Jackie Kurz, seeking death benefits after the industrial death of David Eierman. The WCAB affirmed the finding that Ms. Kurz is entitled to a $228,800 death benefit based on her partial dependency on the decedent's earnings. However, the Board clarified that the benefit is payable directly to Ms. Kurz and specified weekly payments at a rate of $366.67 from the date of death. The Board also modified the attorney's fee calculation to be 15 percent of the present value of the death benefit, not the gross amount.

Death benefitsPartial dependencyActual supportCommunity expensesArvizuLynchAverage weekly earningsAttorneys' feesPresent valueWCJ credibility
References
Case No. ADJ574848
Regular
May 14, 2012

, DAVID FITZGERALD vs. , STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT

This case concerns a dispute over attorney's fees awarded from a life pension. The defendant sought reconsideration of a supplemental award granting applicant's attorney an additional 15% of the life pension's present value. The Appeals Board granted reconsideration, finding the original award in December 2010 already included a specific attorney's fee for the life pension. Since applicant's counsel did not seek reconsideration of that initial award, they waived their right to a further fee. Therefore, the Board rescinded the supplemental award and ruled the attorney was not entitled to additional fees.

Workers' Compensation Appeals BoardSupplemental Findings and AwardAttorney FeeLife PensionPresent ValuePetition for ReconsiderationAmended Findings and AwardIndustrial InjuryCumulative PeriodPermanent Disability
References
Case No. ADJ9409541
Regular
Aug 23, 2019

LUIS MEDINA BERNAL (Deceased), PATRICIA SOLANO VASQUEZ, MISAEL MEDINA SOLANO, LUCIA MEDINA SOLANO, XIMENA MEDINA SOLANO, I SAI MEDINA SOLANO, LUIS EMANUEL MEDINA SOLANO vs. REBECCA BAUTISTA dba REMAC TIRE SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a fatal industrial injury to Luis Medina Bernal, a tire changer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify death benefit payment terms. While the WCJ correctly found petitioning applicants failed to prove partial dependency, the WCAB amended the decision. The death benefit for the widow, Patricia Solano Vasquez, is to be paid bi-weekly at $297.29 until the $250,000 total is exhausted. The attorney's fee was recalculated to $34,042.54, representing 15% of the death benefit's present value.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFatal Industrial InjuryPartial DependencyCredibility DeterminationsNet Financial BenefitDeath BenefitPresent ValueAttorney's Fee
References
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