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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Zizolfo v. Western Electric Co.

This case involves an appeal from a Workers’ Compensation Board decision, filed on November 29, 1978, concerning an attorney's fee. The claimant's attorney, designated as the appellant, sought an additional $1,500 fee, contending that the initial $500 awarded by a referee was inadequate. The Board, however, determined that the appellant had been sufficiently compensated for services rendered. The appellate court, referencing section 24 of the Workers’ Compensation Law, affirmed the Board's decision, asserting that its determination on attorney's fees would only be disturbed if the fee was arbitrarily, capriciously, or unreasonably low. Finding no such grounds, the court upheld the Board's original ruling.

Attorney's FeesAppellate ReviewBoard DecisionFee DisputeJudicial DiscretionCompensation AwardsLegal ServicesAffirmationAdministrative Appeal
References
2
Case No. ADJ2345295
Regular
Aug 26, 2010

JOSEPHINE RICHAU vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, INSURANCE CORPORATION OF HANNOVER by MIDLANDS CLAIMS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration regarding supplemental attorney's fees. The defendant sought to overturn an award of $3,120.00 in fees and $297.66 in costs to the applicant's attorney. However, the applicant's attorney confirmed that these fees had already been paid and no further payment was sought. Therefore, the defendant's petition was rendered moot, as the original award, issued under Labor Code section 5801 due to an unreasonable petition for writ of review by the defendant, was satisfied.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesReconsiderationPetition for Writ of ReviewLabor Code Section 5801Total Permanent DisabilityMethicillin Resistant Staphylococcus AureusIndustrial InjurySpine InjurySpecial Education Teacher
References
5
Case No. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. ADJ207630 (VNO 0423900), ADJ4689357 (VNO 0462906)
Regular
Feb 11, 2015

MANUEL PASQUIER vs. VOLUTONE DISTRIBUTING COMPANY, VIRGINIA SURETY INSURANCE COMPANY

This case concerns applicant Manuel Pasquier's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB initially found that the defendant unreasonably delayed three lump sum payments, resulting in interest, a $10,000 penalty under Labor Code § 5814, and attorney's fees. Pasquier argued for multiple penalties, citing the distinct nature of the payments, while the WCAB affirmed the single penalty, viewing the late payments as one act of unreasonable delay. The majority also upheld the WCJ's attorney's fee calculation, disagreeing with Pasquier's claim for higher fees and hours. However, one Board member dissented, arguing that the three distinct payments (disability indemnity, MSA seed money, and attorney's fees) constituted separate acts of unreasonable delay, each warranting an individual penalty, and supported the higher attorney's fee rate.

Compromise and ReleaseJoint Findings of Fact and Orderunreasonable delaylump sum paymentsLabor Code section 5814attorney's feeLabor Code section 5814.5Petition for Reconsiderationworkers' compensation administrative law judgeseparate acts
References
12
Case No. 2022 NY Slip Op 05964 [209 AD3d 596]
Regular Panel Decision
Oct 25, 2022

Pirozzo v. Laight St. Fee Owner LLC

Plaintiff Paul Pirozzo sought summary judgment on his Labor Law § 240 (1) claim against defendants Laight Street Fee Owner LLC, Laight Street Fee Owner II LLC, and Sciame Construction, LLC, which was granted by the Supreme Court. The Appellate Division, First Department, affirmed this decision. The plaintiff established a prima facie case by demonstrating that the scaffold he was working on collapsed without an apparent reason. The defendants' arguments that the plaintiff was the sole proximate cause, either by failing to lock scaffold pins or remaining on the scaffold while it was moved, were deemed unavailing. The court noted that these actions, even if proven, would amount to comparative negligence, which is not a defense to a Labor Law § 240 (1) claim, and there was no evidence of specific instructions to the plaintiff that were disobeyed.

Summary judgmentLabor Law § 240 (1)Scaffold collapseSole proximate causeComparative negligenceWorkers' compensation Form C-2Hearsay objectionPersonal knowledgeRecalcitranceAppellate Division
References
9
Case No. ADJ3905674 (SRO 0031254)
Regular
Feb 02, 2011

DAVID PELLETIER vs. UNITED STRUCTURES, INC., CIGA by its Servicing Facility CAMBRIDGE on behalf of FREMONT COMPENSATION, in liquidation

The Workers' Compensation Appeals Board denied reconsideration of its decision regarding attorney's fees. The applicant's attorney sought fees under Labor Code sections 4607 and 5814.5, arguing the defendant unreasonably failed to appoint a new case manager and pay prior bills. The Board affirmed the judge's finding that Labor Code § 4607 fees are inapplicable when the entire award is not terminated, and Labor Code § 5814.5 fees require an existing award and unreasonable refusal to pay. The Board found no evidence of unreasonable delay by the defendant in appointing a new case manager, thus denying the petition.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesLabor Code Section 4607Labor Code Section 5814.5Medical TreatmentCompromise and ReleasePetition for PenaltyNurse Case ManagerStipulations
References
2
Case No. ADJ2155279 (RIV 0040729)
Regular
Nov 28, 2012

JACK RAMSEY vs. CALIFORNIA PAVEMENT MAINTENANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Sedgwick CMS, LEGION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) amended a previous award to defer the issue of attorney fees for enforcing an award of Labor Code section 5710 fees. The WCAB affirmed the remainder of the award, including a $100 penalty for unreasonable delay in authorizing medical treatment, finding the 100-day delay in authorizing treatment with the applicant's chosen physician was unreasonable. The Board also affirmed the award of attorney fees under Labor Code section 5814.5 for enforcing the medical treatment award. The case was returned to the trial level for further proceedings regarding the amount of section 5814.5 fees, with a dissenting opinion arguing for further proceedings on the unreasonable delay issue due to insufficient evidence.

Workers' Compensation Appeals BoardCIGALegion Insurance CompanySedgwick CMSJack RamseyLabor Code section 5814Labor Code section 5814.5Labor Code section 5710Medical Provider NetworkMPN
References
2
Case No. ADJ1974548 (SJO 0083025)
Regular
Jan 13, 2012

CHARLES ABERNATHY vs. WHITWOOD BAPTIST CHURCH, FARMERS WESTLAKE VILLAGE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an attorney fee award. The administrative law judge ordered the defendant to pay $112,948.00 in attorney fees for enforcing a medical treatment award that the defendant had unreasonably delayed. The Board found the fee reasonable based on the attorney's experience and the necessity of the services, clarifying that Labor Code section 5814.5 awards reasonable fees to compensate for costs incurred due to unreasonable delay, not as punitive damages. Therefore, the defendant was liable for the attorney's fees.

Workers' Compensation Appeals BoardAttorney Fee OrderLabor Code Section 5814.5Unreasonable DelayMedical Treatment AwardPetition for ReconsiderationWCJ Report and RecommendationCertified SpecialistReasonable Hourly RateEnforcing Award
References
1
Case No. ADJ4702870 (LAO 0757820)
Regular
May 20, 2016

Rubie Johnson vs. Los Angeles County Mental Health

This case involves sanctions imposed on lien claimant David Silver, M.D., and his representatives for failing to appear at a properly noticed lien conference without good cause. The Workers' Compensation Appeals Board (Board) granted reconsideration to affirm the sanctions and attorney fees awarded. The Board found that the excuses provided for the non-appearance were unreasonable and constituted bad faith actions under Labor Code section 5813. Consequently, Silver and his representatives were ordered to pay $\$250.00$ in sanctions to the General Fund and $\$2,100.00$ in attorney fees to the defendant.

Labor Code Section 5813WCAB Rule 10561WCAB Rule 10770.1Lien ConferenceFailure to AppearBad Faith ActionsSanctionsAttorney's FeesPetition for ReconsiderationJoint and Several Liability
References
1
Case No. VNO 0335338
Regular
Feb 14, 2008

JOHN HAZELTON vs. BURBANK UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration to clarify payment directives for a $\$ 750$ penalty and attorney's fees. While the $\$ 750$ penalty for unreasonable delay is payable directly to the applicant, the Board affirmed that interest on the original attorney's fee award and the new attorney's fees sanctioned for litigation misconduct are payable to the applicant's former attorney, Warren Siedler. The Board found the defendant unreasonably delayed payment of attorney fees and adopted the WCJ's reasoning for this determination.

Workers Compensation Appeals BoardBurbank Unified School DistrictKeenan & Associatesunreasonable delayattorney feesLabor Code § 5814penaltyLabor Code § 5813sanctioninterest
References
5
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