Home/Case Law/JOSEFINA MUNOZ vs. D'ARRIGO BROTHERS, NATIONAL UNION FIRE INSURANCE
Regular DecisionRegular Panel Decision

JOSEFINA MUNOZ vs. D'ARRIGO BROTHERS, NATIONAL UNION FIRE INSURANCE

Filed: Nov 29, 2012
Salinas
ADJ7523419

CompFox AI Summary

This case concerns lien claimant attorneys seeking an attorney's fee under Labor Code section 4903.2 from the State of California's Employment Development Department (EDD) lien recovery. The applicant settled her claim via a Compromise and Release agreement, where the defendant agreed to pay EDD's lien. The Workers' Compensation Appeals Board denied the petition for reconsideration, holding that section 4903.2(d) precludes such fees when a case is resolved by compromise and release, not after a trial where EDD's claims were effectively abandoned. The Board emphasized its duty to enforce legislative rules, even if the outcome results in inadequate compensation for counsel.

Full Decision Text1 Pages

This case concerns lien claimant attorneys seeking an attorney's fee under Labor Code section 4903.2 from the State of California's Employment Development Department (EDD) lien recovery. The applicant settled her claim via a Compromise and Release agreement, where the defendant agreed to pay EDD's lien. The Workers' Compensation Appeals Board denied the petition for reconsideration, holding that section 4903.2(d) precludes such fees when a case is resolved by compromise and release, not after a trial where EDD's claims were effectively abandoned. The Board emphasized its duty to enforce legislative rules, even if the outcome results in inadequate compensation for counsel.

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