Jose Morfin, vs. White Memorial Medical Center; Permissibly Self-insured; Adventist Health,

In this case, the Workers' Compensation Appeals Board awarded additional attorney's fees and costs to Jose Morfin, the applicant, in the amount of $8,067.58. This was in response to the Second District Court of Appeal's remand of the case for the purpose of making a supplemental award of reasonable attorney fees to the attorneys for the applicant. The Board determined the amount of the award based on the attorney's time, effort, care, experience, skill and results in opposing the writ, as well as the complexity of the issues raised by the defendant.

White Memorial Medical Center; Permissibly Self-Insured; Adventist Health, Jose Morfin, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA JOSE MORFIN, Applicant, vs.WHITE MEMORIAL MEDICAL CENTER; Permissibly Self-Insured; ADVENTIST HEALTH,Defendants.Case Nos. ADJ2340102 (LAO 0751270)ADJ4406096 (LAO 0784412)OPINION AND AW ARD OF ADDITIONAL ATTORNEY’S FEES AND COSTS (LABOR CODE §§ 5801, 5811)            In its January 5, 2017 order denying defendant’s Petition for Writ of Review (No. B278635), the Second District Court of Appeal (Div. 7) remanded this matter to the Board for the purpose of making a supplemental award of reasonable attorney fees to the attorneys for respondent (applicant), based upon services rendered in connection with defendant’s petition for writ of review. (Lab. Code, § 5801; Employers Mutual Liability Insurance Company v. Workers’ Comp. Appeals Bd. (Rodriguez) (1975) 46 Cal.App.3d 104, 108-109 [40 Cal.Comp.Cases 167, 169-170].) The court’s order has become final.            Thereafter, applicant’s attorney filed an Itemization of Attorney’s Fees and Costs, and a letter in support of his request for a supplemental award of attorney’s fees. Applicants attorney itemized 28.7 hours at a requested rate of $400.00 per hour, in the total dollar amount of $11,480.00, for answering the Petition for Writ of Review in the Court of Appeal. Applicant’s attorney also requested costs in the amount of$67.58.            Defendant submitted an objection to applicant’s attorney’s request for a supplemental award of attorney’s fees. Defendant contends that the fee request is excessive.            We have reviewed the record and we have considered both applicant’s attorney’s fee request and defendant’s objection.            In determining applicant’s appellate attorney’s fees, the Appeals Board considers the attorney’s time, effort, care, experience, skill and results in opposing the writ. The Appeals Board also considers , the complexity of the issues rais

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