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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7148169
Regular
Nov 05, 2019

MARIA GARCIA vs. ST. JOHN KNITS, TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA

The Appeals Board awarded applicant's attorney $6,700.00 in additional attorney fees for services rendered in responding to the defendant's unsuccessful Petition for Writ of Review. The Court of Appeal had remanded the case specifically for this supplemental fee award. While the hourly rate was deemed reasonable, the Board determined the total fee based on the attorney's time, effort, and the merits of opposing the writ. Despite the case being of average complexity, the attorney's thorough response to the defendant's factually based petition justified the full requested amount.

Writ of ReviewLabor Code § 5801Supplemental AwardAttorney's FeesAppellate ServicesPetition for Writ of ReviewWorkers' Compensation Appeals BoardPetition for Attorney's FeesReasonable Hourly RateTime and Effort
References
Case No. ADJ9196082 (MF) ADJ10238220
Regular
Oct 02, 2019

JOHN FORKNER vs. SOUTHERN CALIFORNIA EDISON

This case involves a request for additional attorney's fees under Labor Code § 5801 following an unsuccessful writ of review by Southern California Edison. The Appeals Board found the applicant's attorney's requested rate of $450/hour reasonable. Despite the sole appellate issue being the substantiality of a medical opinion, the Board deemed the case of above-average complexity due to extensive briefing and exhibits filed by both parties. Therefore, the Board awarded $18,000.00 in appellate attorney's fees.

Workers' Compensation Appeals BoardSouthern California EdisonPetition for Writ of ReviewLabor Code § 5801attorney's feesappellate attorney's feesAgreed Medical EvaluatorAMEabove average complexityfactual issues
References
Case No. ADJ1666303
Regular
Oct 21, 2011

ALTHEA RUSSELL vs. SECURITAS SECURITY SERVICES, BROADSPIRE

This case involves a supplemental award of attorney's fees to the applicant's attorneys, Charles Clark and Stuart Barth, following a successful defense against the defendant's petition for writ of review. The Court of Appeal remanded the matter to the Workers' Compensation Appeals Board (WCAB) to make this supplemental award under Labor Code § 5801. The WCAB reviewed the fee requests and, after disallowing fees for a separate sanctions motion, awarded Clark $2,800.00 and Barth $1,207.50 for their appellate services.

Labor Code § 5801supplemental attorney's feeswrit of reviewpetition for writ of reviewreasonable feeattorney servicesWorkers' Compensation Appeals BoardSecuritas Security ServicesBroadspireCourt of Appeal
References
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
Case No. ADJ4387448 (SJO 0267422)
Regular
Mar 11, 2014

BALGOVIND SHARMA vs. LAM RESEARCH CORPORATION, MATRIX ABSENCE MANAGEMENT

The Court of Appeal ordered a supplemental attorney's fee award for applicant's counsel for successfully defending against the defendant's petition for writ of review. The Board reviewed the attorney's claimed hours and rate, deeming some time entries excessive and clerical tasks non-compensable. Ultimately, the Board awarded $5,480.00 in attorney's fees plus $47.74 in costs, totaling $5,527.74, and clarified this award is in addition to any compensation owed. The Board also rejected the defendant's argument that the third-party credit applied to this supplemental fee award.

Labor Code § 5801Supplemental Attorney's FeePetition for Writ of ReviewCourt of Appeal RemandApplicant's AttorneyReasonable Attorney FeesHourly RateTime and EffortCase ComplexityClerical Tasks
References
Case No. SAC 355328
Regular
Jul 12, 2007

COLLEEN JORDAN vs. UNITED STATES FIRE INSURANCE

The Court of Appeal remanded this case for the Appeals Board to award attorney's fees to the applicant for responding to the defendant's petition for writ of review. The Appeals Board awarded $4,470.00 in attorney's fees, calculated at $300 per hour for 14.9 hours of work. This award reflects the attorney's experience, the complexity of the case, and the successful opposition to the writ.

Labor Code § 5801attorney's feesWrit of ReviewCourt of Appealsupplemental awardhourly rateworkers' compensation specialistappellate complexityreasonable attorney's feesWCAB
References
Case No. ADJ11681826
Regular
Oct 23, 2020

ELIAS RIVERA vs. PINNACLE APPLICATION, INC, XL SPECIALTY INSURANCE COMPANY

This case concerns the award of attorney's fees under Labor Code section 5801 following an unsuccessful writ of review by the employer. The Court of Appeal found no reasonable basis for the writ and remanded the matter for attorney's fees. The Appeals Board clarified that all section 5801 claims are handled by the Board, not the WCJ. Consequently, a previous award by the WCJ was voided, and the Board issued a new award for $5,000 against the defendants as stipulated by the parties.

ReconsiderationAttorney's FeesLabor Code § 5801Writ of ReviewReasonable BasisRemandStipulationAwardJurisdictionVoid Ab Initio
References
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
Case No. ADJ2103088
Regular
Nov 13, 2012

DONNA FUNCHEON vs. SAN LEANDRO HOSPITAL, CNA CLAIMS PLUS, AMERICAN CASUALTY, ZURICH AMERICAN INSURANCE CO.

This case involves Zurich American Insurance petitioning for reconsideration of an order awarding applicant's counsel $181,883.97 in attorney fees based on a finding of permanent total disability. Zurich argued that their subsequent petition for a writ of review stayed the attorney fee order. The Workers' Compensation Appeals Board denied reconsideration, clarifying that a writ petition does not automatically stay or suspend the effect of a WCAB decision. The Board further noted that execution of an award requires a certified copy, which is not issued during pending judicial review, but warned Zurich of potential penalties for non-payment.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney FeesPermanently Totally DisabledWrit of ReviewLabor Code § 5956Certified CopyCivil JudgmentLabor Code § 5814Penalty
References
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