ALICIA BRIGHT WALKER vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a WCJ's award of attorney's fees. The Board found the WCJ erred in calculating the fee based on a combined disability rating from two separate injuries and on total permanent disability indemnity, rather than the amount accrued before the applicant's death. The matter was returned to the trial level for a proper determination of a reasonable attorney's fee based on accrued indemnity and consideration of the defendant's prior payments. The WCJ also erred by issuing a narrative award instead of findings on ultimate issues with a separate opinion.