CompFox AI Summary
In this case, the applicant, Mary Contreras, sought attorney fees under Labor Code section 4607 after successfully challenging the denial of specific requested medications by the defendant. The Workers' Compensation Appeals Board (WCAB) reversed a prior award of attorney fees, holding that section 4607 only applies when an employee successfully resists an employer's attempt to terminate an entire award of medical treatment, not just specific treatment requests. The WCAB relied on the California Supreme Court's decision in Smith v. Workers' Comp. Appeals Bd., which clarified this statutory interpretation. Therefore, the applicant was denied attorney fees as the defendant did not attempt to terminate the applicant's ongoing medical treatment award.
Full Decision Text1 Pages
In this case, the applicant, Mary Contreras, sought attorney fees under Labor Code section 4607 after successfully challenging the denial of specific requested medications by the defendant. The Workers' Compensation Appeals Board (WCAB) reversed a prior award of attorney fees, holding that section 4607 only applies when an employee successfully resists an employer's attempt to terminate an entire award of medical treatment, not just specific treatment requests. The WCAB relied on the California Supreme Court's decision in Smith v. Workers' Comp. Appeals Bd., which clarified this statutory interpretation. Therefore, the applicant was denied attorney fees as the defendant did not attempt to terminate the applicant's ongoing medical treatment award.
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