Pes Payroll Dean Harvey WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEANHARVEY, Applicant,vs.PES PAYROLL, Defendant(s).Case No. MON 0331606OPINION AND AWARD OF ADDITIONAL ATTORNEY’S FEES (LABOR CODE § 5801) In ils April 5, 2007 Order Denying Defendant’s Petition for Writ of Review (Civ. No. B194758) the Court of Appeal, Second Appellate District, Division Two, 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 hasbecome final, Applicant’s attorney subsequently filed a request for a supplemental award of reasonable attorney’s fees and costs. Therein, petitioner itemized 21 hours of attorney’s time at $300.00 per hour and paralegal time in the amount of $500.00 in the total dollar amount of $6,300.00, for answering the Petition for Writ of Review in the Court of Appeal. Costs were also requested for printing in the amount of $96.98. Applicant’s attorney provided the following statement and itemization:”ATTORNEY TIME11/07/06 Review Defendant’s Petition for Writ 1.5 hours11/12/06 First Draft of response, research, conference w/ paralegal 5.5 hours 1 One of the former panelist is no longer a member of the Appeals Board and therefore a new panelist has been assigned to this case. , 11/18/06 Second Draft of response, revise and rework 6.0 hours11/19/06 Third Draft, research 4.0 hours11/20/06 Re-read polish up final draft, 2.0 hours11/21/06 Conference with paralegal, final review 1.0 hours11/30/06 Review other defendant’s response to petition 1.0 hoursTotal 21.0 hoursATTORNEY HOURLY RATEI have been practicing Workers’ Compensation law alm
Dean Harvey vs. Pes Payroll
In this case, the Workers' Compensation Appeals Board awarded additional attorney's fees and costs to applicant's counsel for services rendered in responding to defendant's petition for a writ of review in the Court of Appeal. The Board determined a fair and reasonable amount for services rendered in the Court of Appeal to be $3,500.00 (14 hours at $250.00 an hour) and costs of $96.98. The Board considered the attorney's time, effort, care, experience, skill, results, complexity of the issues, length of the reply, and number of cases cited.
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- Court: California, San Francisco
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