Home/Case Law/IAN STONE vs. TZIMBAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

IAN STONE vs. TZIMBAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

Filed: Aug 19, 2011
San Francisco
ADJ7710991

CompFox AI Summary

Applicant's attorney sought reconsideration of a 12% attorney fee award on retroactive temporary disability, arguing the case's complexity warranted a higher fee. The Workers' Compensation Appeals Board denied the petition, finding the WCJ's characterization of the case as "average complexity" reasonable. The Board noted the applicant's claim was accepted and the core dispute involved the temporary disability rate. Furthermore, the attorney failed to provide required notice to the applicant regarding the fee request's impact on their recovery.

Full Decision Text1 Pages

Applicant's attorney sought reconsideration of a 12% attorney fee award on retroactive temporary disability, arguing the case's complexity warranted a higher fee. The Workers' Compensation Appeals Board denied the petition, finding the WCJ's characterization of the case as "average complexity" reasonable. The Board noted the applicant's claim was accepted and the core dispute involved the temporary disability rate. Furthermore, the attorney failed to provide required notice to the applicant regarding the fee request's impact on their recovery.

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IAN STONE vs. TZIMBAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND (2011) – San Francisco | CompFox