CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a prior decision, affirming penalties against the defendant for unpaid interest but amending the order regarding attorney's fees. The original order awarded penalties on unpaid interest and an attorney fee deducted from the applicant's award, which the applicant sought to increase. The Board found the WCJ's calculation of attorney's fees was unclear and deferred the issue of the fee amount for further proceedings. This return to the trial level is to allow for a proper calculation of the attorney's fee under Labor Code section 5814.5, based on time and effort expended.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior decision, affirming penalties against the defendant for unpaid interest but amending the order regarding attorney's fees. The original order awarded penalties on unpaid interest and an attorney fee deducted from the applicant's award, which the applicant sought to increase. The Board found the WCJ's calculation of attorney's fees was unclear and deferred the issue of the fee amount for further proceedings. This return to the trial level is to allow for a proper calculation of the attorney's fee under Labor Code section 5814.5, based on time and effort expended.
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