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The Workers' Compensation Appeals Board affirmed a judge's decision denying attorney fees under Labor Code section 4607. The applicant's attorneys argued fees were owed because the defendant constructively terminated medical treatment without filing a formal petition to terminate the award. However, the Board found that the defendant only disputed specific treatment requests, not initiated proceedings to terminate the overall award of future medical care. Therefore, pursuant to Smith v. Workers' Comp. Appeals Bd., attorney fees under section 4607 were not applicable.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a judge's decision denying attorney fees under Labor Code section 4607. The applicant's attorneys argued fees were owed because the defendant constructively terminated medical treatment without filing a formal petition to terminate the award. However, the Board found that the defendant only disputed specific treatment requests, not initiated proceedings to terminate the overall award of future medical care. Therefore, pursuant to Smith v. Workers' Comp. Appeals Bd., attorney fees under section 4607 were not applicable.
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