COUNTY OF PLACER, permissibly self- insured, adjusted by GREGORY BRAGG AND ASSOCIATES, MICHAEL WHITNEY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL WHITNEY, Applicant,vs.COUNTY OF PLACER, permissibly self- insured, adjusted by GREGORY BRAGG AND ASSOCIATES, Defendants.Case Nos. ADJ1286845 (SAC 347550)ADJ2302074 (SAC 322428)ADJ2133073 (SAC 330059)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the December 17, 2008 Amended Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that defendant unreasonably delayed payment of the applicant’s attorneys’ fees portion ($4,468.00) of an earlier stipulated award of $29,785.00, and awarded applicant a penalty of 25% of the delayed amount ($1,117.00) pursuant to Labor Code section 5814.1 Earlier, on April 18, 2008, the WCJ entered an award based upon the parties’ stipulations in applicant’s three cases that he incurred specific and cumulative trauma industrial injuries to his right knee while working for defendant as a deputy sheriff, causing 35% permanent disability and need for future medical treatment. The earlier stipulations included a request for the applicant’s attorneys’ fees, with a handwritten notation, “In trust pending fee split with Tom Anthony.” That same handwritten notation was also included in the April 18, 2008 award of attorneys’ fees. Defendant contends that a penalty should not have been awarded because its representative who was responsible for paying the stipulated award reasonably believed that she was to hold the $4,680.00 portion awarded as attorneys’ fees “in trust” pending receipt of a further order from the 1Further statutory references are to the Labor Code. , WCJ regarding the fee split, and that the fees were promptly disbursed to applicant’s attorney when the representative obtained clarification of the handwritten notation on the award pursuant to her inqui
Menu
