CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of attorney's fees. The Board found that applicant's counsel was not entitled to a fee from the employer's reimbursement of loss of income benefits. This decision was based on the fact that the employer actively litigated its claim for credit and applicant's counsel's services were not instrumental in securing that credit. Therefore, the conditions for awarding fees against a lien claimant under Labor Code section 4903.2 were not met.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of attorney's fees. The Board found that applicant's counsel was not entitled to a fee from the employer's reimbursement of loss of income benefits. This decision was based on the fact that the employer actively litigated its claim for credit and applicant's counsel's services were not instrumental in securing that credit. Therefore, the conditions for awarding fees against a lien claimant under Labor Code section 4903.2 were not met.
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