Home/Case Law/HEATHER CLEMMONS vs. MAY DEPARTMENT STORES, FEDERATED CLAIMS SERVICES, NORDSTROM, NORDSTROM RISK MANAGEMENT
Regular DecisionReconsideration

HEATHER CLEMMONS vs. MAY DEPARTMENT STORES, FEDERATED CLAIMS SERVICES, NORDSTROM, NORDSTROM RISK MANAGEMENT

Filed: Feb 13, 2009
San Francisco
ADJ3935687 (SDO 0341896) ADJ3919136 (SDO 0359646)

CompFox AI Summary

This case concerns the defendant's liability for applicant's attorney's fees under Labor Code section 4064(c). The applicant seeks reconsideration of an order mandating the defendant pay these fees. The defendant argues they should not be liable as they did not file the application that generated the fees, nor did the applicant's attorney provide services related to the application they filed. The Board denied reconsideration, affirming that the defendant is liable for fees incurred by the unrepresented applicant in relation to the application they filed, but not for fees related to an application filed by another party. The applicant's attorney is entitled to fees for issues arising from the defendant's application, including potential apportionment of permanent disability.

Full Decision Text1 Pages

This case concerns the defendant's liability for applicant's attorney's fees under Labor Code section 4064(c). The applicant seeks reconsideration of an order mandating the defendant pay these fees. The defendant argues they should not be liable as they did not file the application that generated the fees, nor did the applicant's attorney provide services related to the application they filed. The Board denied reconsideration, affirming that the defendant is liable for fees incurred by the unrepresented applicant in relation to the application they filed, but not for fees related to an application filed by another party. The applicant's attorney is entitled to fees for issues arising from the defendant's application, including potential apportionment of permanent disability.

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