Home/Case Law/KENNETH MCFARLIN (Deceased) vs. STANALAND SHOWER PANS, INC., CALIFORNIA INDEMNITY INSURANCE COMPANY administered by GALLAGHER BASSETT SERVICES
Regular DecisionReconsideration

KENNETH MCFARLIN (Deceased) vs. STANALAND SHOWER PANS, INC., CALIFORNIA INDEMNITY INSURANCE COMPANY administered by GALLAGHER BASSETT SERVICES

Filed: Sep 13, 2012
Sacramento
ADJ4347932 (SAC 0166469)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to award applicant's attorney the full $4,500 fee. The Board determined that the attorney's fee was earned for representing the injured worker on accrued benefits, which passed to his heirs. Since the heirs agreed to split the net settlement proceeds equally after fees, the attorney was entitled to the entire fee from the $30,000 Compromise and Release. This decision amends a prior order that split the attorney's fee between the heirs.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to award applicant's attorney the full $4,500 fee. The Board determined that the attorney's fee was earned for representing the injured worker on accrued benefits, which passed to his heirs. Since the heirs agreed to split the net settlement proceeds equally after fees, the attorney was entitled to the entire fee from the $30,000 Compromise and Release. This decision amends a prior order that split the attorney's fee between the heirs.

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