CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a WCJ's award of attorney's fees to a medical-legal provider's attorney, finding that the WCJ's underlying finding of no bad faith actions by the defendant was inconsistent with the award. The Board rescinded the award, ruling that absent a finding of bad faith, attorney's fees and costs under WCAB Rule 10451.1 and Labor Code §5813 are not permissible. Consequently, neither the cost petitioner's attorney nor the defendant were awarded attorney's fees or costs.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a WCJ's award of attorney's fees to a medical-legal provider's attorney, finding that the WCJ's underlying finding of no bad faith actions by the defendant was inconsistent with the award. The Board rescinded the award, ruling that absent a finding of bad faith, attorney's fees and costs under WCAB Rule 10451.1 and Labor Code §5813 are not permissible. Consequently, neither the cost petitioner's attorney nor the defendant were awarded attorney's fees or costs.
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