DONNA FUNCHEON vs. SAN LEANDRO HOSPITAL; CNA CLAIMS PLUS; AMERICAN CASUALTY; ZURICH AMERICAN INSURANCE CO.
In this case, Donna Fucheon was found permanently totally disabled and the Workers’ Compensation Appeals Board ordered defendant Zurich American Insurance to pay her counsel, Brian J. Thornton, fees of $181,883.97. Zurich American Insurance petitioned for reconsideration of the Order for Attorney Fees, arguing that filing a Petition for Writ on September 10, 2012 stayed the effect of the WCJ’s earlier August 16, 2012 Order. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, noting that filing a writ petition does not stay or suspend the effect of the disputed WCAB decision. The Board also noted that even without a court-ordered stay, applicant would require a certified copy of the Amended Findings, Award and Order