Home/Case Law/IRMA BARRERA vs. GOLDEN STATE FOODS CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Regular DecisionRegular Panel Decision

IRMA BARRERA vs. GOLDEN STATE FOODS CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Filed: Aug 09, 2016
Anaheim
ADJ9233152

CompFox AI Summary

The applicant's attorneys sought reconsideration of an order awarding them $10,000.00 for a serious and willful misconduct claim, arguing the Compromise and Release (C&R) stipulated a $20,000.00 fee. The Board denied reconsideration, finding the WCJ correctly determined the requested fee exceeded guidelines and that the attorneys failed to comply with notice requirements for seeking increased fees. The WCJ had discretion to award a reasonable fee considering multiple factors, and here, the attorneys did not meet the procedural mandates for a higher award. The Board adopted the WCJ's reasoning in denying the petition.

Full Decision Text1 Pages

The applicant's attorneys sought reconsideration of an order awarding them $10,000.00 for a serious and willful misconduct claim, arguing the Compromise and Release (C&R) stipulated a $20,000.00 fee. The Board denied reconsideration, finding the WCJ correctly determined the requested fee exceeded guidelines and that the attorneys failed to comply with notice requirements for seeking increased fees. The WCJ had discretion to award a reasonable fee considering multiple factors, and here, the attorneys did not meet the procedural mandates for a higher award. The Board adopted the WCJ's reasoning in denying the petition.

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IRMA BARRERA vs. GOLDEN STATE FOODS CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (2016) – Anaheim | CompFox