OWENS ILLINOIS; Permissibly Self- Insured, Administered by GALLAGHER BASSETT, JANIE STUART, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJANIE STUART, Applicant,vs.OWENS ILLINOIS; Permissibly Self-Insured, Administered by GALLAGHER BASSETT, Defendant(s).Case No. ADJ2496388 (AHM 0127594)OPINION AND AWARDOF SUPPLEMENTAL ATTORNEY’S FEES AND COSTS (LABOR CODE SECTION 5801) On July 9, 2009, the Court of Appeal, Fourth Appellate District, Division Three filed its Order in Owens Illinois v. Workers’ Comp. Appeals Bd. (Stuart) G041901. The Court denied defendant’s petition for writ of review, found that there is no reasonable basis of the petition pursuant to Labor Code section 5801, and remanded the case “for the purpose of making a supplemental award of reasonable attorney’s fees to respondent Janie Stuart’s attorney based upon services rendered in connection with the petition for writ of review. Such fees shall be in addition to the amount of compensation otherwise recoverable and shall be paid as past of the award by petitioners.” On August 31, 2009, applicant’s attorney, Ullasini Joy Dholakia, filed a Petition for I Attorney’s Fees Per Labor Code Section 5801. She stated that she had spent 6 hours and expended $116.20 in costs in connection with the petition for writ of review. She requested a fee of $2,100.00, based upon an hourly rate of $350 per hour. We have not received a response or objection from defendant. , After reviewing the record and the attorney’s itemization of time, and considering among other factors the complexity of the case, the issues raised, and results obtained, we believe that the requested fee is fair and reasonable and should be allowed. Therefore, GOOD CAUSE APPEARING, AWARD IS MADE in favor of Ullasini Joy Dholakia against Owens Illinois in the amount of $2,100.00 as attorney’s fee and $116.20 as reimbursement for costs. WORKERS’COMPENSATION APPEALS BOARD ____
