SAN JOAQUIN COMMUNITY HOSPITAL; Permissibly Self-Insured, Administered by ADVENTIST HEALTH SYSTEM, BARBARA CLARK, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA CLARK, Applicant,vs.SAN JOAQUIN COMMUNITY HOSPITAL; Permissibly Self-Insured, Administered by ADVENTIST HEALTH SYSTEM, Defendant(s).Case No. ADJ1153404 (BAK 0112784)OPINION AND ORDER AFTER REMITTITUR On May 9, 2008, the Court of Appeal, Fifth Appellate District filed its unpublished Opinion in Clark v. Workers’ Comp. Appeals Bd. 73 Cal.Comp.Cases 587. The Court denied applicant’s petition for writ of review. The Court also stated: “In our last decision in this matter, we warned Clark ‘that further filings with this court lacking legal grounds for review will result in an award of attorney fees, costs, or sanctions against her in favor of Hospital.’ She ignored our advice and again presented a writ of review which lacks any legal basis, forcing the Hospital to expend its resources to defend against a frivolous petition. Clark’s actions appear to be taken solely to harass Adventist Health and to delay ultimate resolution of the matter. We therefore remand the matter to the WCAB to issue an award of reasonable costs and attorney fees against Clark for services rendered by Adventist Health in answering a meritless petition for writ of review as it would if the employer had filed a petition lacking a reasonable basis under [Labor Code] section 5801” [citations omitted] (73 Cal.Comp.Cases at 592). This is our decision after remittitur. On August 6, 2008, counsel for Adventist Health submitted a request for attorney fees and costs. He documented a total of 32.77 hours spent in defending against applicant’s petition for writ of review. He requests fees based on $145 per hour, for a total of $4751.00. In addition, he documents $515.47 in costs. , After reviewing the record and the attorney’s itemization of time, and considering among other factors the complexity of
Barbara Clark, vs. San Joaquin Community Hospital; Permissibly Self-insured, Administered By Adventist Health System,
(BAK 0112784) is a case in which Barbara Clark filed a petition for writ of review against San Joaquin Community Hospital, which was permissibly self-insured and administered by Adventist Health System. The Court of Appeal, Fifth Appellate District denied the petition for writ of review and remanded the matter to the Workers' Compensation Appeals Board to issue an award of reasonable costs and attorney fees against Clark for services rendered by Adventist Health in answering a meritless petition for writ of review. After reviewing the record and the attorney's itemization of time, the Board awarded Adventist Health and Dennis J. Hershawe $5266.47 in attorney fees and costs.
- Filed On:
- Court: Bakersfield, California
- Case No. ADJ1153404
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