COUNTY OF LOS ANGELES, NORMA RIVAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANORMA RIVAS, Applicant,vs.COUNTY OF LOS ANGELES, Defendant(s).Case No. ADJ695519 (VNO 0423671)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant, the County of Los Angeles, seeks reconsideration of the Findings and Award of May 12, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that the Stipulations With Request For Award (“Award”) originally approved March 27, 2008 should be reinstated, that good cause does not exist to set aside the Award, that defendant’s former defense attorney had authority to settle the case, and that applicant’s attorney is entitled to attorney’s fees and costs for defending the Award, with jurisdiction retained over a petition seeking recovery for the attorney’s time and costs. Defendant contends, in substance, that applicant is not entitled to fees and costs under Labor Code sections 5811 or 5813, that applicant is not entitled to attorney’s fees under Labor Code section 5814.5, and that defendant’s former attorney ignored defendant’s “wishes.” Applicant filed an answer. Defendant does not contest reinstatement of the Award, so that issue is waived, and we will affirm that part of the WCJ’s decision. (Labor Code section 5904.) With respect to the WCJ’s finding on attorney’s fees, however, we find error. In his Opinion on Decision, the WCJ explained his finding on attorney’s fees as follows: “Applicant’s counsel has filed a request for sanctions and more particularly for attorney’s fees and costs in connection with having to defend the status quo, i.e. the state of the matter when the Award was approved. Counsel had to be present at three hearings and , present and defend applicant’s position through oral and written argument. Counsel has not yet presented a final statement of its claim
Menu
