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Vol. 4, Issue 17

Find Solutions & Strategies                               April 29, 2013

Attorney's FeesCalculating the Attorney's Fee
 
A survey of recent WCAB decisions
In This Issue
* ATTORNEY'S FEES
* LIEN ACTIVATION FEES
* RULE OF LAW
* BLOGS: CIGA and Prejudgment Interest
* NEWS: IMR decisions posted on DWC site
* NEW JOB POSTINGS
* eNEWSLETTER ARCHIVES

A Note From the Editor

 Arthur Larson

Dear Work Comp Community:     

 

In commemoration of Law Day, May 1, this issue is dedicated to Professor Arthur Larson, who wrote the proclamation and statement for the first Law Day back in 1958 for President Eisenhower.

 

Professor Larson once said "the rule of law begins at home." On Law Day, we honor the judges, legislators, lawyers and law-abiding citizens who work to preserve our liberties under the rule of law.

 

To receive our free, weekly eNewsletter, sign up here. Read past eNewsletters here.

 

Sincerely,

Robin E. Kobayashi, J.D.
LexisNexis Legal & Professional Operations
attorney's fee

Calculating the Attorney's Fee. Several recent panel decisions have dealt with the issue of calculation of attorney's fees. In some cases, the WCAB has awarded higher fees than the WCJ. In other cases, the WCAB has drastically cut the WCJ's awarded fee. Criteria for Calculating Attorney's Fees: In the case of Stephens v. Patten Energy Enterprises, Inc., 2012 Cal. Wrk. Comp. P.D. LEXIS 668, the WCAB referenced three separate citations dealing with the calculation of an attorney's fee: Read more.

lien activation fees

Richard JacobsmeyerW.C.A.B. Issues 2 (Sort of) New Decisions Re: Lien Activation Fees, by Richard M. Jacobsmeyer, Esq. Today the W.C.A.B. issued one new and one "upgraded" decision regarding payment of lien activation fees under Labor Code § 4903.06. On April 5 the W.C.A.B. had issued a significant panel decision in Figueroa v B.C. Doering Co.; Employers Compensation Insurance Co., the board ruled lien filing fees must be paid prior to the start of a lien conference or the lien is subject to mandatory dismissal. In a decision issued today the W.C.A.B. granted Reconsideration...Read more.

arthur larson and the rule of law

Arthur Larson 2Arthur Larson and the Rule of Law, by Robin E. Kobayashi, J.D. Arthur Larson, who wrote the seminal treatises The Law of Workmen's Compensation (Matthew Bender & Co.) and Employment Discrimination (Matthew Bender & Co.), had a passionate conviction in the pursuit of world peace and became instrumental in helping to spread the rule of law by advocating international law, arms control and disarmament. During his lifetime, Larson wrote and contributed to more than 80 books, booklets, and articles relating to the rule of law. This article briefly explores the rule of law movement in the United States during the height of the Cold War and Larson's contributions to world peace through law and human rights. Read more.

lexisnexis community BLOGS
Cal Comp Cases
CIGA Not Entitled to Prejudgment Interest When Amounts Reimbursed Constituted Compensation, Not Damages: May Cal. Comp. Cases Advanced Postings. Lexis.com and Lexis Advance subscribers can read it.     
neWS HEADLINES
job postings

New ButtonDefense Attorney. Bradford & Barthel is looking to add another attorney for our newest office in Los Angeles. Bradford & Barthel, a leader in Workers ' Compensation Defense, is seeking dynamic, diverse candidates who thrive in an environment with multiple opportunities for growth. We offer competitive benefits in a collegial, diverse atmosphere. Contact sbradford@bradfordbarthel.com.

 

New Button Dept. of Industrial Relations. $4,674 to $10,477/month DOE. Litigate a variety of labor and employment matters at admin. and civil trial and appellate levels including, workers' comp., prevailing wage/public works, and public employment. Travel throughout SoCal may be required. Send a State Application (Form STD 678) with a resume and 2 recent writing samples to: DIR, Office of the Director - Legal Unit, Attn: Hiring Coordinator, 320 W. 4th St., Ste. 600, Los Angeles, CA 90013, or by email to juribe@dir.ca.gov.

enewsletter archives

ArchivesTake a deep dive into our past eNewsletters for 2013 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

April 22, 2013: Element of Surprise as an Ex Parte Communication.
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