In this case, Steve Baltierra was granted reconsideration of the decision of October 9, 2013, and the decision was affirmed, except that it was amended to include an award of attorney’s fees of $1,071.23 to be paid by the defendant in addition to the permanent disability already awarded. The defendant had made payments of permanent disability indemnity when they knew or should have known that applicant was represented by counsel, and the defendant’s answer did not object to an award of attorney’s fees.
SAIA MOTOR FREIGHT; UNITED STATES FIDELITY AND GUARANTEED COMPANY STEVE BALTIERRA WORKERS’ COMPENSATION APPEALS BOARD2 STATE OF CALIFORNIASTEVE BALTIERRA, Applicant,vs.SAIA MOTOR FREIGHT; UNITED STATESFIDELITY AND GUARANTEEDCOMPANY, Defendants.Case No. ADJ1586634 (LAO 0884541)OPINION AND ORDER GRANTING RECONSIDERATIONAND DECISION AFTER RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, as well as for the reasons stated below, we will grant reconsideration, amend the WCJ’s decision as recommended in her report, and otherwise affirm the decision of October 9, 2013. We further note that in her Report, the WCJ recommends that applicant’s attorney be awarded fees based upon 15% of applicant’s recovery or the
