SUSANA LOPEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, OFFICE OF THE DIRECTOR, RTWS, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify attorney's fees related to temporary disability. The Board deferred the issue of additional temporary disability to ensure compliance with the 104-week limit and overlapping payments. Attorney fees of 12% will be calculated on any newly awarded temporary disability and paid from the permanent disability award if no temporary disability funds remain. The Board otherwise affirmed the previous award, including the 15% increase in permanent disability under Labor Code section 4658(d) based on applicant's unrebutted testimony about lack of modified work.