Home/Case Law/DONALD JOHNSTON (Deceased), RUTH JOHNSTON-MARTIN (Dependent) vs. CITY OF EL MONTE, Permissibly Self-Insured, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

DONALD JOHNSTON (Deceased), RUTH JOHNSTON-MARTIN (Dependent) vs. CITY OF EL MONTE, Permissibly Self-Insured, STATE COMPENSATION INSURANCE FUND

Filed: Apr 30, 2012
San Bernardino
ADJ3616338 (SBR 0196226), ADJ4315842 (SBR 0308717), ADJ3060486 (RIV 0055969), ADJ2417375 (RIV 0055970)

CompFox AI Summary

This case involves a dispute over an attorney's fee awarded for home healthcare services. The applicant's attorney sought reconsideration of a 15% fee, arguing for a previously agreed-upon 20% fee based on the widow's settlement. The Workers' Compensation Appeals Board granted the petition, finding the 20% fee reasonable given the complexity, time expended, and uncertainty of the claim. The Board amended the original order to reflect the 20% fee but admonished the attorney for not strictly adhering to notice requirements.

Full Decision Text1 Pages

This case involves a dispute over an attorney's fee awarded for home healthcare services. The applicant's attorney sought reconsideration of a 15% fee, arguing for a previously agreed-upon 20% fee based on the widow's settlement. The Workers' Compensation Appeals Board granted the petition, finding the 20% fee reasonable given the complexity, time expended, and uncertainty of the claim. The Board amended the original order to reflect the 20% fee but admonished the attorney for not strictly adhering to notice requirements.

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DONALD JOHNSTON (Deceased), RUTH JOHNSTON-MARTIN (Dependent) vs. CITY OF EL MONTE, Permissibly Self-Insured, STATE COMPENSATION INSURANCE FUND (2012) – San Bernardino | CompFox