County Of Orange, Legally Uninsured Johny Ortega WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHNNY ORTEGA, Applicant,vs.COUNTY OF ORANGE, Legally Uninsured, Defendant(s).Case No. MON 0320707OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION On August 27, 2007, the Second Appellate District of the Court of Appeal, Division Four, summarily denied defendant’s Petition for Writ of Review (B19746J) and remanded this matter to the Appeals Board for a supplemental award of attorney’s fees to applicant’s counsel. (Lab. Code, § 5801; Employers Mutual Liability Insurance Company v. Workers’ Comp. Appeals Bd CRodriguez) (1975) 46 Cal.App.3d 104, 108-109 [40 Cal.Comp.Cases 167, 169-170J.) On September 18, 2007, the Appeals Board requested that applicant’s attorney submit a statement setting forth in detail the time and costs extended in rendering services relating to answering the Petition for Writ of Review. It was requested that this statement, or a stipulation regarding reasonable attorney’s fees by the parties, be filed with the Appeals Board within 30 days. After applicant’s attorney failed to respond to the September 18, 2007 letter, the Appeals Board awarded applicant’s counsel a fee of $2,500.00 (10 hours of work at a $250.00 an hour) on January 4, 2008, based on its independent review of the record. On January 23, 2008, the parties Filed a “Joint Petition for Order Vacating Award of Attorney’s Fees” (which we arc construing as a timely petition for reconsideration), indicating that prior to the January 4, 2008 Award, the parties had reached agreement on a number of issues, i.e., outstanding penalty claims and attorney’s fees, , including Section 5801 fees, which was approved by a workers’ compensation administrative law judge (WCJ) on November 14, 2007. Under these circumstances, we will grant reconsideration rescind the January 4, 2008 Award of attorney’s fees, and affirm the Order issued by
Johny Ortega vs. County Of Orange, Legally Uninsured
In this case, Johnny Ortega was suing the County of Orange for workers' compensation. The Second Appellate District of the Court of Appeal, Division Four, denied the defendant's Petition for Writ of Review and remanded the matter to the Appeals Board for a supplemental award of attorney's fees to the applicant's counsel. After the parties reached an agreement on a number of issues, including attorney's fees, the Appeals Board granted reconsideration and rescinded the January 4, 2008 Award of attorney's fees, affirming the Order issued by the WCJ on November 14, 2007.
- Filed On:
- Court: California, San Francisco
- Case No. MON0320707
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