IMC CHEMICAL, INC. et al., STEVEN L. SMITH, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEVEN L. SMITH,, Applicant,vs.IMC CHEMICAL, INC. et al.,, Defendant(s).Case No. RIV 59277OPINION AND AWARDOF ADDITIONAL ATTORNEY’S FEES(LABOR CODE § 5801) In ils May 10, 2007 Order Denying Defendant’s Petition for Writ of Review (Civ. No. F052268) the Court of Appeal, Fifth Appellat^District, remanded this matter to the Appeals Board for the purpose of making an award of reasonable attorney’s fees to applicant’s counsel for services rendered in responding to defendant’s petition. (Lab. Code, § 5801; Employers Mutual Liability Insurance Company v. Workers’ Comp. Appeals Bd. (Rodriguez) (1975) 46 Cal.App.3d 104, 108- 109 [40 Cal.Comp.Cases 167, 169-170]; see. Crown Appliance v. Workers’ Comp. Appeals Bd. (2004) 115 Cal.App.4* 620, 627-628 [69 Cal.Comp.Cases 55].) Remittitur issued on June 11. 2007 and the court’s order has become final. Applicant’s attorney subsequently filed a request for a supplemental award of reasonable attorney’s fees. Therein, petitioner itemized 52 hours of attorney’s time at $300.00 per hour, in lheâ total dollar amount of SI5,600.00, for answering the Petition for Writ of Review in the Court of Appeal. Applicant’s attorney provided the following statement and itemization: “2/23/07 review minutes of hearing, findings, & opinion 2.00 hrs 2/24/07 review Petition for Reconsideration, Judge’s Response; research 4.00 hrs 2/25/07 review Petition for Writ; research 4.00 hrs 2/26/07 review file & research 5.00 hrs 2/27/07 review meds & research 5.00 hrs 2/28/07 research 4.00 hrs 3/1/07 research 4.00 hrs 3/2/07 research; review Petition for Reconsideration and , Opposition to Petition for Reconsideration
Steven L. Smith, vs. Imc Chemical, Inc. Et Al.,
.1This case involves Steven L. Smith, who was awarded additional attorney's fees from IMC Chemical, Inc. for services rendered in responding to their petition for a writ of review in the Court of Appeal. After reviewing the record, the Appeals Board determined that a fair and reasonable amount for the services rendered was $3,750.00 (15 hours at $250.00 an hour). The Board considered the attorney's time, effort, care, experience, skill, results, complexity of the issues raised, length of the reply, and number of cases cited in making their decision.
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- Court: California, Fresno
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