County Of Los Angeles; Adjusted By Tristar Risk Management Kevin Thompson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKEVIN THOMPSON, Applicant,vs.COUNTY OF LOS ANGELES; Adjusted ByTRISTAR RISK MANAGEMENT, Defendant(s).Case Nos. ADJ4140574 (VNO 0417628)ADJ3588068 (VNO 0472981)OPINION AND AWARD OF ADDITIONAL ATTORNEY’S FEE (LABOR CODE § 5801) In its January 30, 2013 order denying defendant’s Petition for Writ of Review (2nd Civ. No. B244427), the Court of Appeal, Second Appellate District, Division 4, remanded this matter to the Appeals Board for the purpose of making supplemental award of reasonable attorney fees to applicant’s attorneys for services rendered in connection with defendant’s petition for writ of review. (Lab. Code, § 5801; see Crown Appliance v. Workers’ Comp. Appeals Bd. (2004) 115 Cal. App. 4th 620, 627, 628 [69 Cal.Comp.Cases 65); Employers Mutual Liability Ins. Co. v. Workers’ Comp. Appeals Bd. (Rodriguez) (1975) 46 Cal.App.3d 104, 108-109 [40 Cal.Comp.Cases 167].) The Court’s order has become final. By letters of February 5, 2013 and February 26, 2013, applicant’s attorney (Lawrence Silver, Esq., of Goldschmid, Silver & Spindel) requested a section 5801 fee of $1,600 based on two hours of attorney time and two hours of clerical time at $400 per hour. An employee’s attorney is entitled to section 5801 fees only for legal services rendered in connection with a petition for writ of review, not clerical services. (See, e.g., Mota v. Allgreen Landscape (2012) 2012 Cal. Wrk. Comp. P.D. LEXIS 526 (Appeals Board panel decision); Marquez v. B&S Auto & Truck (2012) 2012 Cal. Wrk. Comp. P.D. LEXIS 248 (Appeals Board panel decision).)/ / / , [justify] Nevertheless, we have said:[/justify][justify] “Labor Code section 5801 does not specify how attorney’s fees are to be[/justify][justify] calculated. Instead, it simply provides for ‘a reasonable attorney’s fee for[/justify][justify] services rendered i
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