California Banner 2012 Chess Board
Vol. 3, Issue 9

Find Solutions & Strategies                          February 27, 2012

Attorney's FeesThe Passive Beneficiary
 
When can an applicant's attorney be paid from a lien claimant's recovery?
In This Issue
* PASSIVE BENEFICIARY
* SPECIAL OFFER
* PENALTIES & FEES
* WCJ NEWS: Fresno, Los Angeles, Oakland, San Diego, San Francisco, Van Nuys
* BLOG ROUND UP: Fraud, CCC's, CWCI Score Card
* NEWS HEADLINES: DWC community service awards
* eNEWSLETTER ARCHIVES

A Note From the Editor

Robin Kobayashi 2010

Dear WC Professionals:  

 

It was wonderful to see everyone at the DWC Conference in Los Angeles. Congratulations to Saul Allweiss and Lisa Ivancich, the recipients of the 2012 Carrie Nevans Community Service Awards! Also, congratulations to Katie Herd, a claims examiner with Self-Insured Schools of California, who won a Kindle Fire in our free raffle! 

 

Sincerely,

Robin E. Kobayashi, J.D.
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the passive beneficiary

When Can an Applicant's Attorney Be Paid From a Lien Claimant's Recovery? There are many disputed cases where an applicant's attorney may be successful in proving that an industrial injury occurred or that an employment relationship existed. This in turn will often result in a defendant having to pay, adjust or litigate outstanding lien claims. Where the lien claimant did not participate in the underlying proceedings, the applicant's attorney may be left asking, "Why should the lien claimant directly benefit from my services without having to pay me?" > Read more.

 

Lexis.com subscribers can link to the citations in this article. Reminder: check the subsequent history of a case before citing to it.

ATTN: DWC CONFERENCE ATTENDEES

Christine HyattDWC Conference Attendees in Los Angeles: Take Advantage of Special Deals Through March 15, 2012, by Christine Hyatt, LexisNexis. It was  a pleasure to meet everyone at the DWC conference in Los Angeles last week! All Los Angeles attendees can still take advantage of special conference discounts through March 15, 2012. Whether you want print or ebook, we've got your research solutions:

 

*Herlick, Calif. Workers' Comp. Handbook (2012 Ed.)

*Workers' Comp. Laws of Calif. (2012 Ed.)

*Calif. WCAB Noteworthy Panel Decisions Reporter

*Lawyer's Guide to AMA Guides & Calif. WC (2012 Ed.)

*Complete Guide to MSP Compliance (2011 Ed.)

 

To take advantage of this offer, contact me asap:

Toll free: 1-800-424-4200 Ext. 3149

Email: Christine.E.Hyatt@lexisnexis.com

Fax: 1-800-624-8278

RECENT PANEL DECISION: penalties & fees

Penalties; Attorney's Fees; Enforcement of Medical Award. WCAB upheld WCJ's order instructing defendant to pay applicant's attorney $112,948 (282.37 hours at $400 per hour) pursuant to LC 5814.5, as attorney's fee for enforcing payment of part of applicant's award of medical treatment, when WCAB found that WCJ thoroughly reviewed hours claimed by applicant's attorney and awarded payment only for those hours justified under LC 5814.5, that $400 per hour was not excessive or unreasonable for someone with applicant's attorney's experience and certified specialist status, and that, while a LC 5814.5 is not analogous to punitive damages or sanctions as it simply compensates injured worker for costs incurred as a result of a defendant's unreasonable delay in paying awarded compensation, WCJ's order did not exceed authority expressly granted in LC 5814.5 simply because it, in effect, punished defendant by requiring defendant to compensate applicant for attorney's fees incurred as a result of defendant's unreasonable conduct. See the Abernathy panel decision.

 

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Lexis.com subscribers: Get the cutting edge on case law. Subscribe today to the California WCAB Noteworthy Panel Decisions Reporter.

WCJ NEWS

> Richard D. Ellis is now a judge at the Fresno District Office.

> Geoffrey H. Sims is now a judge at the Fresno District Office.

> Nina C. Munoz is now a judge at the Los Angeles District Office.

> Sandra H. Rosenfeld is now a judge at the Los Angeles District Office.

> Therese M. daSilva is now a judge at the Oakland District Office.

> Jeffrey Friedman is now a judge at the Oakland District Office.

> Valerie R. Sauban of the Oakland District Office has retired.

> Linda Atcherley is now a judge at the San Diego District Office.

> Katherine Zalewski is no longer a judge at the San Francisco District Office.

> Diane Bancroft is now a judge at the Van Nuys District Office.

> Peter M. Christiano is now a judge at the Van Nuys District Office.

> Sharon L. Velzy is now a judge at the Van Nuys District Office.

blogs at the lexisnexis workers' comp law community 

 

Fraud Sign

Workers' Comp Fraud Blotter -  New Orleans Attorney Decides to Punt, Pleads Guilty to Defrauding Pro Football and Hockey Clients, by LexisNexis Workers' Compensation Law Community Staff. Read it.    

   

 

Cal Comp CasesApplicant Asserts Marital Privilege to Bar Testimony on Drug Use: Cal. Comp. Cases February Advanced Postings. Here's the fourth batch of advanced postings for the February 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can access the complete summary. Read it.

 

 

CWCICWCI Debuts New Score Card Series on California Workers' Comp Claims Experience by Injury. Read it.

NEWS HEADLINES

enewsletter archives

Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

February 21, 2012: Sleep Disorders; Lien Litigation.
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