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The Appeals Board reversed an award of attorney's fees, finding that Labor Code section 4064(c) did not apply because the fees were incurred pursuing a petition to reopen, not in connection with the initial stipulated award. The court clarified that a stipulated award, even if treated as an application for certain purposes, does not qualify for the employer-paid attorney's fees under section 4064(c) when the employee later hires counsel to reopen the claim. Therefore, the applicant is responsible for his own attorney's fees for the petition to reopen.
Denis Mendieta vs. COPENHAGEN HOUSE OF DANISH, MID-CENTURY INSURANCE COMPANY is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Appeals Board reversed an award of attorney's fees, finding that Labor Code section 4064(c) did not apply because the fees were incurred pursuing a petition to reopen, not in connection with the initial stipulated award. The court clarified that a stipulated award, even if treated as an application for certain purposes, does not qualify for the employer-paid attorney's fees under section 4064(c) when the employee later hires counsel to reopen the claim. Therefore, the applicant is responsible for his own attorney's fees for the petition to reopen.
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