Home/Case Law/SHIRLEY BROWN vs. MERCY MEDICAL CENTER MERCED COMMUNITY CAMPUS, SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionReconsideration

SHIRLEY BROWN vs. MERCY MEDICAL CENTER MERCED COMMUNITY CAMPUS, SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Sep 01, 2017
Fresno
ADJ10138143

CompFox AI Summary

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending a prior decision. The Board ruled that attorney's fees for the applicant's counsel should be based entirely on their reasonable hourly rate and hours worked, not a combination of hourly rate and a percentage of the recovery. This decision clarified that fees owed by an employer under Labor Code § 4064(c) for an unrepresented employee's attorney are determined by the reasonableness of hours and hourly rate, not the indemnity awarded. Consequently, the applicant's attorney was awarded $10,758.75.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending a prior decision. The Board ruled that attorney's fees for the applicant's counsel should be based entirely on their reasonable hourly rate and hours worked, not a combination of hourly rate and a percentage of the recovery. This decision clarified that fees owed by an employer under Labor Code § 4064(c) for an unrepresented employee's attorney are determined by the reasonableness of hours and hourly rate, not the indemnity awarded. Consequently, the applicant's attorney was awarded $10,758.75.

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