CALIFORNIA CENTER FOR LIVING AND LEARNING; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE, in liquidation, administered by CAMBRIDGE, LEROY COLEMAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEROY COLEMAN, Applicants,vs.CALIFORNIA CENTER FOR LIVING AND LEARNING; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE, in liquidation, administered by CAMBRIDGE, Defendant(s).Case Nos. ADJ2627623 (MON 0215913)ADJ913845 (MON 0345139)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the September 24, 2009 Order On Decision of the workers’ compensation administrative law judge (WCJ) who ordered defendant to pay applicant’s attorney a fee equal to “15% of the permanent disability benefits paid by defendants.” The WCJ also ordered defendant to pay $500.00 to applicant’s attorney for the fee advanced to applicant’s treating physician for his deposition. Defendant does not seek reconsideration of the latter order. Defendant contends that the order allowing 15% of the permanent disability benefits paid by defendant as applicant’s attorney’s fees is improper because there never has been an award of permanent disability benefits to applicant and no permanent disability indemnity was due him at the time of his death. Reconsideration is granted and the portion of September 24, 2009 Order On Decision directing payment of 15% of permanent disability benefits to applicant’s attorney as a fee is reversed. We agree with defendant that the attorney’s fee issue is controlled by the decision of the Court of Appeal in Price v. Workers’ Comp. Appeals Bd. (1992) 10 Cal.App.4th 959 [57 Cal.Comp.Cases 743] (Price). Labor Code section 4904 allows an injured worker’s attorney a lien , for fees against “any amount thereafter payable as compensation” (emphasis added.). Here, defendant advanced payments of permanent disability indemnity to applicant before his de
Leroy Coleman, vs. California Center For Living And Learning; California Insurance Guarantee Association For Fremont Insurance, In Liquidation, Administered By Cambridge,
This case involves a dispute between the California Center for Living and Learning, the California Insurance Guarantee Association for Fremont Insurance in liquidation, administered by Cambridge, and Leroy Coleman, the applicant. Coleman filed claims of specific and cumulative trauma injury to his back and related body parts, and the defendant admitted injury and paid temporary total disability and advanced payment of permanent disability indemnity in the total amount of $35,952.00. However, Coleman died before the permanent disability and other issues were tried. The Workers' Compensation Appeals Board granted reconsideration of the September 24, 2009 Order On Decision, which directed payment of 15% of permanent disability benefits to Coleman's attorney as a fee, and reversed the order. The Board found that no compensation was
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2627623
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