United States Fire Insurance Colleen Jordan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACOLLEEN JORDAN, Applicant,vs. UNITED STATES FIRE INSURANCE, Defendant(s).Case No. SAC 355328OPINION AND AWARDOF ADDITIONAL ATTORNEY’S FEES(LABOR CODE § 5801) In July 12, 2007 Order Denying Defendant’s Petition for Writ of Review (3rd Civ. No. C055720) the Court of Appeal, Third Appellate District, remanded this matter to the Appeals Board1 for the purpose of making an award of reasonable attorney’s fees to applicant’s counsel for services rendered in responding to defendant’s petition. (Lab. Code, § 5801; 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 is now final. Applicant’s attorney subsequently filed a request for a supplemental award of reasonable attorney’s fees of $4,842.50. Therein, petitioner itemized 14.9 hours of attorney’s time at $300.00 per hour2, for answering the Petition for Writ of Review in the Court of Appeal. Applicant’s attorney provided the following statement and itemization:Date Legal Services Time 5/25/07 : Receipt of Petition for Writ this date. Accessed online 3d DCA to see if Petition for Writ was timely filed. 2 5/24/07: Read, reviewed Petition and Exhibits. Checked references. Reviewed file_______________________________________1[sub]Two of the original panel members are no longer Commissioners with the Workers’ Compensation Appeals Board. Therefore, a new panel has been assigned.[/sub]2 [sub]It appears that applicant’s appellate attorney made a mathematical miscalculation in requesting $4,842.50, when correctly, 14.9 hours of work at $300 per hour equates to $4,470.00.[/sub] , including all prior Findings and Awards, Recons, Answers, Reports and Recommendations, and panel decisions. Prepared outline of Answer to Peti
Colleen Jordan vs. United States Fire Insurance
In this case, the United States Fire Insurance was petitioning for a writ of review in the Court of Appeal, Third Appellate District. The court's order was then remanded to the Appeals Board for the purpose of making an award of reasonable attorney's fees to applicant's counsel for services rendered in responding to defendant's petition. After reviewing the record, the Appeals Board determined that a fair and reasonable amount for services rendered in the Court of Appeal by applicant's attorney was $4,470.00 (14.9 hours at $300.00 an hour), including the reasonable post-denial services, given that defendant did not pay on the Award.
- Filed On:
- Court: California, Sacramento
- Case No. SAC355328
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