CompFox AI Summary
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.
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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