City Of Los Angeles Police Department, Permissibly Self-Insured, and Tristar Risk Management (Claims Administrator) Melissa J. Munson (Deceased), Dean L. Munson, Individual and as Guardian Ad Litem and Trustee for Carl E. Munson, et al. WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMELISSA J. MUNSON (Deceased), DEAN L. MUNSON, Individually and as Guardian Ad Litem and Trustee for CARL E. MUNSON, et al., Applicant(s),vs.CITY OF LOS ANGELES POLICE DEPARTMENT, Permissibly Self-Insured, and TRISTAR RISK MANAGEMENT (Claims Administrator), Defendants.Case No. ADJ2018449 (VNO 0539317)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Lien claimant, the Law Offices of Alan B. Snitzer (Snitzer), has filed a petition seeking reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on June 8, 2011. In that decision, the WCJ determined that the value of the lifetime award of death benefits to Carl E. Munson, the mentally incapacitated young adult son of decedent, Melissa J. Munson (Sgt. Munson), is S 1,504,367.40. The WCJ further determined that this was a case of average complexity and, therefore, she determined that a reasonable attorney’s fee is $150,436.74, i.e., 10% of $1,504,367.40. In its petition, Snitzer contends in substance that this was a case of above-average complexity, that the present value of the death benefits award is $4,223,290.22, and that an attorney’s fee of $600,000.00 (i.e., 13.77% of the alleged present value) should have been allowed. Defendant, the City of Los Angeles Police Department (the City), has filed an answer asking that Snitzer’s petition for reconsideration be denied or that it be dismissed for exceeding the 25-page limit set by the WCAB’s Rules. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report) , recommending that Snitzer’s petition be dismissed for failure to comply with Rule 10778 or, in the
