Tzimbal Construction; State Compensation Insurance Fund Ian Stone WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIAN STONE, Applicant,vs.TZIMBAL CONSTRUCTION; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ7710991 OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Bruce Baum, applicant’s attorney of record (Baum) seeks reconsideration of the finding and award of a 12% attorney fee against retroactive temporary disability indemnity benefits awarded to applicant in the Findings, Award and Order (FAO) issued by a workers’ compensation administrative law judge (WCJ) on June 14, 2011. Baum contends that the award of a 12% attorney fee is not reasonable because applicant’s claim of entitlement to retroactive temporary disability indemnity was complex, required extensive research, and necessitated two days of trial with the presentation of multiple witnesses. He argues that a reasonable fee is 15% of the retroactive temporary disability indemnity awarded to applicant. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report) in which he recommends that the Petition for Reconsideration be denied. We have not received an Answer to the Petition for Reconsideration from defendant; however, we are in receipt of a copy of a July 5, 2011 letter from defendant to the WCJ pointing out an inconsistency between Finding of Fact No. 2 and a statement in the Opinion on Decision,1 and requesting that the inconsistency be corrected. In addition, Baum has requested our permission to file a Supplemental Petition for Reconsideration in accordance 1 In Finding of Fact No. 2 the WCJ found, in relevant part, “…the applicant’s average weekly wage applying Labor Code Section 4453(c)is $999 per week,” yet page 5, second full paragraph of the Opinion on Decision states that applicant’s temporary disability indemnity rate is $999 per week. , with Appeals Board Rule 10848. (Cal. Code Regs., tit.8, § 10
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