Home/Case Law/FELIX CORTEZ vs. GRACO INC., THE HARTFORD INSURANCE, Elected Against Carrier; ZURICH
Regular DecisionRegular Panel Decision

FELIX CORTEZ vs. GRACO INC., THE HARTFORD INSURANCE, Elected Against Carrier; ZURICH

Filed: Dec 13, 2016
Oxnard
ADJ8022396

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's attorney's claim for fees on temporary disability benefits. The Board found that while the attorney's documentation wasn't perfectly labeled, it demonstrated a good faith attempt to comply with WCAB Rule 10778 regarding notifying the applicant of an adverse interest. Consequently, the Board amended its prior decision to allow a 15% attorney's fee on temporary total disability indemnity. The matter was returned to the trial level for further proceedings consistent with this decision.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's attorney's claim for fees on temporary disability benefits. The Board found that while the attorney's documentation wasn't perfectly labeled, it demonstrated a good faith attempt to comply with WCAB Rule 10778 regarding notifying the applicant of an adverse interest. Consequently, the Board amended its prior decision to allow a 15% attorney's fee on temporary total disability indemnity. The matter was returned to the trial level for further proceedings consistent with this decision.

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FELIX CORTEZ vs. GRACO INC., THE HARTFORD INSURANCE, Elected Against Carrier; ZURICH (2016) – Oxnard | CompFox