Margaret Perrigo, vs. Northern California Angler Publication; Argonaut Insurance Company,

(SAC 292021) is a case in which Margaret Perrigo, an employee of Northern California Angler Publication, sought workers' compensation for an injury she sustained while employed. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award of March 26, 2009, which found that Perrigo had sustained an industrial injury to her back and psyche causing broken periods of temporary disability and permanent total disability (100%). The Board deferred the issue of attorney's fees on permanent disability indemnity and ordered that defendant should withhold 15% of any permanent disability indemnity payments until the attorneys' fee issue is resolved. The matter was remanded to the trial level for further proceedings and decision.

NORTHERN CALIFORNIA ANGLER PUBLICATION; ARGONAUT INSURANCE COMPANY, MARGARET PERRIGO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARGARET PERRIGO, Applicant,vs.NORTHERN CALIFORNIA ANGLER PUBLICATION; ARGONAUT INSURANCE COMPANY, Defendants.Case No. ADJ4213538 (SAC 292021)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Farrell, Fraulob and Brown, applicant’s counsel of record in this matter, seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of March 26, 2009, wherein it was found that, while employed a truck driver/loader/unloader on March 23, 2000, applicant sustained industrial injury to her back and psyche causing broken periods of temporary disability and permanent total disability (100%). The WCJ found that the “reasonable value of services rendered by applicant’s attorney is 15% of the temporary disability [indemnity] awarded and 12% of the [permanent disability] indemnity awarded.”            Lien claimant contends that the WCJ erred in awarding an attorneys’ fee of only 12% of the permanent disability indemnity awarded. Lien claimant argues that an award of 15% is indicated in this case. Attached to the petition for reconsideration was a letter from lien claimant to the applicant alerting the applicant that the petition for reconsideration “may be considered a position adverse to you,” and that she has a right to contest the fee request and the right to seek independent counsel. We have not received any answers, and the WCJ filed a Report and Recommendation on Petition for Reconsideration (“Report”). In the report, the WCJ recommends that the petition be denied. However, we subsequently received a letter from the WCJ which reads as follows: ,        Reconsideration recommending the Petition for Reconsideration be       denied. After giving the matter further reflection, I would like to       amend my recommendation and recommend that applic

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