HADCO/ZYCON CORPORATION; ALLIANZ INSURANCE COMPANY, FRANCESCA KOUMARIANOS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCESCA KOUMARIANOS, Applicant,vs.HADCO/ZYCON CORPORATION; ALLIANZ INSURANCE COMPANY, Defendant(s).Case No. ADJ1140810 (OAK 0206395)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the “Order Allowing Attorney’s Fees” dated May 6, 2009, in which the workers’ compensation judge (WCJ) ordered defendant to pay $962.50 to applicant’s attorney for defending applicant’s right to continuing medical treatment under a previously-issued award. Defendant contends, in substance, that under Labor Code section 4607, applicant is not entitled to an award of attorney’s fees for successfully petitioning to enforce an award of continued medical treatment, and that applicant is not entitled to an award of attorney’s fees for successfully challenging an informal denial of medical care. The basis for the WCJ’s decision was the “Petition for Attorney’s Fees” dated January 23, 2008, wherein applicant’s attorney alleged as follows: “Applicant’s attorney has had to defend the applicant’s right to continuing medical care. This has consisted of forwarding UR denials to the Agreed Medical Examiner [AME], obtaining the report from the [AME], and serving the same upon the parties. Further, the applicant’s attorney had to attend the deposition of the [AME] Dr. Jon Sigurdson on December 9, 2008. “As such, the time spent on traveling to and from the deposition and attending the deposition was 2 hours and 20 minutes. The time spent in forwarding the UR denial to the [AME] was 15 minutes. The time spent on serving and reviewing the [AME’s] report was 15 minutes. , “Therefore, the undersigned requests attorney’s fees in the amount of $350.00 per hour for a total of $962.50.” On May 6, 2
Francesca Koumarianos vs. Hadco/Zycon & Allianz Insurance Case Summary
(OAK 0206395)
In this case, the Workers' Compensation Appeals Board granted reconsideration of the Order Allowing Attorney's Fees dated May 6, 2009, and rescinded the decision, substituting their own decision denying applicant's attorney's petition for attorney's fees. The basis for the decision was that Labor Code section 4607 does not permit an award of fees to employees who successfully challenge the denial of specific treatment requests, and that defendant's undertaking of utilization review was not the institution of proceedings to terminate an award made by the Appeals Board to an applicant for continuing medical treatment.
- Filed On:
- Court: California, Oakland
- Case No. ADJ1140810
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