Home/Case Law/JOCELYN SWAIN vs. JAMES O. GREEN, EVELYN GREEN
Regular DecisionReconsideration

JOCELYN SWAIN vs. JAMES O. GREEN, EVELYN GREEN

Filed: Jun 14, 2013
San Francisco
ADJ4406352

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to clarify attorneys' fees. The Board affirmed the administrative law judge's findings on temporary and permanent disability, but amended the award. Attorneys' fees awarded under Labor Code section 4555 are payable in addition to the applicant's recovery when the employer fails to secure insurance. However, if the Uninsured Employers Benefit Trust Fund pays the benefits, attorneys' fees are payable out of the applicant's recovery.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to clarify attorneys' fees. The Board affirmed the administrative law judge's findings on temporary and permanent disability, but amended the award. Attorneys' fees awarded under Labor Code section 4555 are payable in addition to the applicant's recovery when the employer fails to secure insurance. However, if the Uninsured Employers Benefit Trust Fund pays the benefits, attorneys' fees are payable out of the applicant's recovery.

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