Cecilia Ramirez vs. Employbridge, LLC, Formerly Known As Select Staffing; XL Insurance America Administered By Broadspire

In this case, the Appeals Board determined a fair and reasonable amount of appellate attorney's fees for services rendered in connection with the defendant's petition for writ of review to be $19,500. The Board considered the attorney's time, effort, care, experience, skill and results in opposing the writ, as well as the complexity of the issues raised by the defendant. The Board also noted that the fee must be based on services rendered in connection with the petition for writ of review and that the fee must be reasonable.

Employbridge, LLC, formerly known as Select Staffing; XL Insurance America administered by Broadspire Cecilia Ramirez WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIACECILIA RAMIREZ, Applicantvs.EMPLOYBRIDGE, LLC, formerly known as SELECT STAFFING; XL INSURANCE AMERICA administered by BROADSPIRE, DefendantsAdjudication Number: ADJ10922071; ADJ11262782Marina del Rey District OfficeOPINION AND AWARDOF ADDITIONALATTORNEY’S FEES(LABOR CODE § 5801)            In its August 13, 2020 order dismissing defendant’s Petition for Writ of Review (No. B306268), the Second District Court of Appeal (Div. 2) remanded this matter to the Appeals Board to make a supplemental award of reasonable attorney fees to the attorney for respondent (applicant), based upon services rendered in connection with defendant’s petition for writ of review. (Lab. Code, § 5801; Crown Appliance v. Workers’ Comp. Appeals Bd. (Wong) (2004) 115 Cal.App.4th 620, 627-628 [69 Cal.Comp.Cases 55, 60-61]; Employers Mutual Liability Insurance Company v. Workers’ Comp. Appeals Bd. (Rodriguez) (1975) 46 Cal.App.3d 104, 108-109 [40 Cal.Comp.Cases 167, 169-170].) The court’s order has become final.            In a verified petition dated October 5, 2020, applicant’s attorneys provided an overview of the proceedings in this matter. They also attached declarations detailing the time they spent answering defendant’s petition for writ of review. The attorneys do not claim that they are workers’ compensation specialists. The associate attorney declares that she spent 8.25 hours reviewing defendant’s petition and conducting legal research, 26.5 hours writing and editing the appellate answer, 4.25 hours finalizing the appellate answer, and 1.25 hours ensuring compliance with local rules and e-filing. For the associate’s efforts, a total of 40.25 hours of attorney time was claimed at the rate of $400.00 per hour. The declaration submitted by the partner states that he spent 4 hours reviewing defendant’s petition and the

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