CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a prior award. The applicant's attorney fees under Labor Code § 5814.5 were determined in a 2013 award, which became final despite the exact amount being deferred for itemization. The Board found that the applicant was not seeking penalties more than two years from the due date, and therefore, Labor Code § 5814(g) did not apply to bar recovery. The prior award established a substantive right to attorney fees, and the reservation of jurisdiction for amount adjustment did not negate its finality.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a prior award. The applicant's attorney fees under Labor Code § 5814.5 were determined in a 2013 award, which became final despite the exact amount being deferred for itemization. The Board found that the applicant was not seeking penalties more than two years from the due date, and therefore, Labor Code § 5814(g) did not apply to bar recovery. The prior award established a substantive right to attorney fees, and the reservation of jurisdiction for amount adjustment did not negate its finality.
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