Allgreen Landscape; National Insurance Company, Administered by Fara Adjusting Services Felix Nino Mota WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFELIX NINO MOTA, Applicant,vs.ALLGREEN LANDSCAPE; NATIONAL INSURANCE COMPANY, Administered by FARA Adjusting Services, Defendants.Case No. ADJ2567272 (AHM 0105012)OPINION AND AWARD OF ADDITIONAL ATTORNEY’S FEES (LAB. CODE, §§ 5801, 5811) This matter is before the Appeals Board on the issue of “reasonable” appellate attorney fees under Labor Code section 5801,1 plus appellate costs under section 5811. For the reasons that follow, and for the reasons stated in our October 15, 2012 notice of intention (NIT),2 which we adopt and incorporate by reference, we will award a section 5801 fee of $2,500 to applicant’s attorneys, rather than the $51,900 they originally requested. We will also award undisputed section 5811 costs in the amount of $104.67. Briefly, as background, the Court of Appeal issued an order denying defendant’s petition for writ of review and found under section 5801 that “there is no reasonable basis for the petition.” Therefore, the Court remanded this case to the Appeals Board to make a supplemental award of “reasonable 1 Unless otherwise noted, all further statutory references are to the Labor Code. In pertinent part, section 5801 provides:”In the event the injured employee or the dependent of a deceased employee prevails in anypetition by the employer for a writ of review from an award of the appeals board and the reviewing court finds that there is no reasonable basis for the petition, it shall remand the cause to the appeals board for the purpose of making a supplemental award awarding to the injured employee or his attorney, or the dependent of a deceased employee or his attorney a reasonable attorney’s fee for services rendered in connection with the petition for writ of review. Any such fee shall be in addition to the amount of compensation otherwise recoverable and sh
Felix Nino Mota vs. Allgreen Landscape Workers' Comp Case Insights
- Filed On:
- Court: Anaheim, California
- Case No. ADJ2567272
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