is a case in which Jason Mantooth, an employee of Save Mart Supermarkets, filed a petition for reconsideration against the company and Pegasus Risk Management. The case was regarding the withholding of attorney’s fees from temporary disability indemnity. The Workers’ Compensation Appeals Board denied the petition for reconsideration, citing long-standing precedent that an attorney’s appearance in a matter is tantamount to the filing of a lien claim and puts the defendant on notice that a fee will be claimed. The only exception to this rule is where it appeared at the time of the defendant’s payments to the applicant that sufficient monies would become due in the future to cover the attorney’s fees, but for some unforeseen reason sufficient monies did not acc
Save Mart Supermarkets And Pegasus Risk Management Jason Mantooth WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJASON MANTOOTH, Applicant,vs. SAVE MART SUPERMARKETS and PEGASUS RISK MANAGEMENT, Defendant(s).CaseNo. FRE 0208997ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. As stated in the WCJ’s Report, it has long been settled that an attorney’s appearance in matter is tantamount to the filing of a lien claim and puts the defendant on notice that a fee will be claimed. (Rocha v. Puccia Construction Co. (1982) 47 Cal.Comp Cases 377, 380 (Appeals Board en banc); see also, e.g., Hibble v. Konica Business Machines (1993) 22 Cal. Workers’ Comp. Rptr. 87, 88
