RADIO SHACK; LIBERTY MUTUAL INSURANCE COMPANY, RAQUEL ZUNIGA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAQUEL ZUNIGA, Applicant,RADIO SHACK; LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s).Case No. ADJ2255750 (LAO 0803099)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER Applicant and her attorney seek reconsideration of the June 26, 2009 Findings of Fact And Order of the workers’ compensation administrative law judge (WCJ) who found that applicant’s attorney “has not carried his burden to show entitlement to attorney fees for the services provided for vocational rehabilitation prior to the applicant meeting with her QRR [Qualified Rehabilitation Representative].” (Bracketed material added.) It was previously admitted that applicant incurred industrial injury to her right major shoulder on November 25, 2001, while working as a sales woman for Radio Shack, then insured by Liberty Mutual Insurance Company (Liberty). Applicant and her attorney contend that attorney’s fees should have been awarded for services provided by the attorney in connection with applicant’s claim for vocational rehabilitation benefits, and that Liberty should pay the attorney’s fees because it failed to withhold any of the money due applicant pursuant to the earlier July 15, 2007 Determination and Order (D & 0) of the rehabilitation unit. We grant reconsideration. As our decision after reconsideration we allow applicant’sattorney a fee equivalent to approximately 15% of the new money obtained for applicant pursuant to the July 15, 2007 D & 0. Because defendant knew of applicant’s representation by the attorney, , but failed to withhold any portion of the money due to pay for attorney’s fees, it is liable to pay the fee we find to be due. The facts underlying the WCJ’s June 26, 2009 decision are not in dispute. Applicant admittedly incurred an industrial injury to her right major shoulder on November 25, 2001, while working a
