PELICAN PRODUCTS INC.; UNITED STATES FIRE INSURANCE COMPANY ROSA PALAFOX WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSA PALAFOX, Applicant,vs.PELICAN PRODUCTS INC.; UNITED STATES FIRE INSURANCE COMPANY, Defendants.Case No. ADJ103216 (LAO 0867367)OPINION AND DECISION AFTER REMITTITUR AND AWARD OF ATTORNEY FEES(LABOR CODE SECTION 5801) On May 16, 2012, the Court of Appeal, Second Appellate District, Division Seven, filed an Order in United States Fire Insurance Company v. Workers’ Comp. Appeals Bd. (Palafox) B238181. The Court dismissed defendant’s Petition for Writ of Review as frivolous. The Court remanded the matter to us “for the purpose of making a supplemental award to the injured employee or his attorney of a reasonable attorney’s fee for services rendered in connection with the petition for the writ of review. (Lab. Code, § 5801.)” This is our Decision After Remittitur. On August 22, 2012, applicant’s attorney filed a Declaration of Boris Vernik in Support of Request for an Award of Reasonable Attorney’s Fees Pursuant to Labor Code §5801. He states that he spent fifteen hours on legal work related to the petition for writ of review, and he requests a fee of $7,125.00. We have not received a response from defendant or its attorney. After our review of the record, we believe that applicant’s attorney’s estimate of time spent is reasonable. However, he has requested a fee at the rate of $475.00 per hour. We believe that a fee based upon $400.00 per hour is more reasonable. Therefore, we award a fee of $6,000.00. We note that applicant’s attorney did not respond adequately to our letter dated August 9, 2012, wherein we requested that he submit “a statement that sets forth in detail the time expended in rendering legal services relating to the petition for writ of review and that specifies the hourly rate being , requested.” The fee request should specify in detail when each individual task was performe
ROSA PALAFOX vs. PELICAN PRODUCTS INC.; UNITED STATES FIRE INSURANCE COMPANY
This case is about Rosa Palafox's workers' compensation claim against Pelican Products Inc. and United States Fire Insurance Company. The Court of Appeal, Second Appellate District, Division Seven, dismissed the defendant's Petition for Writ of Review as frivolous and remanded the matter to the Workers' Compensation Appeals Board for the purpose of making a supplemental award to the injured employee or her attorney of a reasonable attorney's fee for services rendered in connection with the petition for the writ of review. The applicant's attorney requested a fee of $7,125.00 for fifteen hours of legal work related to the petition for writ of review, and the Board awarded a fee of $6,000.00 based on a rate of $400.00 per
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ103216
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