Armando Perez vs. LA Metro: Self-Insured Case Summary

In this case, the Los Angeles Metropolitan Transit Authority, which was permissibly self-insured, was sued by Armando Perez, an applicant, for workers' compensation benefits. The lien claimant, Sparagna & Sparagna, sought reconsideration of the Order for Allowance of Benefits Pursuant to Labor Code §5710 of June 6, 2007, wherein the workers' compensation administrative law judge (WCJ) allowed them an attorneys' fee of $937.50, rather than the requested $1,200, for applicant's deposition that was taken by defendant. The Workers' Compensation Appeals Board denied the reconsideration, finding that the WCJ properly exercised his discretion in allowing the lien claimant an attorneys' fee of

LOS ANGELES METROPOLITAN TRANSIT AUTHORITY, permissibly self-insured, ARMANDO PEREZ, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARMANDO PEREZ, Applicant,vs.LOS ANGELES METROPOLITAN TRANSIT AUTHORITY, permissibly self-insured,, Defendant(s).Case Nos. VNO 508605VN0310503VN0317457OPINION AND ORDERDENYINGRECONSIDERATION            Lien claimantjSparagna & Sparagna (Sparagna), applicant’s counsel, seeks reconsideration of the Order for Allowance of Benefits Pursuant to Labor Code §5710 of June 6, 2007, wherein the workers’ compensation administrative law judge (WCJ), in essence, allowed Sparagna an attorneys’ fee pursuant to Labor Code section 5710* of $937.50, rather than the requested $1,200, for applicant’s deposition that was taken by defendant on or about May 4,2007.            Sparagna contends that the WCJ should have allowed it the requested $1,200 attorneys’ fees, arguing that the hourly rate that is routinely paid is between $275 and $300 per hour. Sparagna also contends that a hearing should be held regarding its requested attorneys’ fee, arguing that the WCJ did not provide an explanation for only allowing a fee of $937.50.Defendant did not file an answer to applicant’s petition for reconsideration.I.            We have considered the allegations raised in the petition for reconsideration, as well as the content of the WCJ’s Report and Recommendation (Report). In the Report, in relevant part, the WCJ stated that he allowed 3.7 hours of attorney time, rather than the 4 hours requested by Sparagna. at the rate of $250 per hour, rather than the requested $300 hourly rate.Based on our review of the record and for the reasons stated below, we will denyreconsideration. 1 All further statutory references are to the Labor Code. , Section 5710 provides, in relevant part, as follows:  “(b) Where the employer or insurance carrier requests a deposition to be taken of an injured employee, or any person claiming benefits as a dependent of an injured employee, the

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