Home/Case Law/JOEL CULBERTSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

JOEL CULBERTSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

Filed: May 11, 2015
Van Nuys
ADJ9163144

CompFox AI Summary

This case concerns the County of Los Angeles's petition for reconsideration of a workers' compensation judge's order awarding applicant's attorney fees under Labor Code section 5710. The County argued it was denied due process by not being allowed to call witnesses at a hearing and that the awarded hourly rate was unreasonable. The Workers' Compensation Appeals Board denied reconsideration, finding the County's petition lacked specificity and that the County had an opportunity to be heard at a Mandatory Settlement Conference and failed to request a trial or make an offer of proof. The Board concluded the awarded fee was justified based on reasonable rates for similarly experienced counsel.

Full Decision Text1 Pages

This case concerns the County of Los Angeles's petition for reconsideration of a workers' compensation judge's order awarding applicant's attorney fees under Labor Code section 5710. The County argued it was denied due process by not being allowed to call witnesses at a hearing and that the awarded hourly rate was unreasonable. The Workers' Compensation Appeals Board denied reconsideration, finding the County's petition lacked specificity and that the County had an opportunity to be heard at a Mandatory Settlement Conference and failed to request a trial or make an offer of proof. The Board concluded the awarded fee was justified based on reasonable rates for similarly experienced counsel.

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