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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.

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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.