Cases: Workers’ Compensation

Section 998, Workers’ Compensation: 2/2 DCA Decides § 998 Is To Be Applied Before Lab. Code § 3856 In Determining If 998 Offeror Obtained Postoffer Costs Such That A Workers’ Comp. Fee Recovery Or Lien Is Not Factored Into The Net Judgment Calculus

Cases: Section 998, Cases: Workers' Compensation

2/2 DCA Reconciled Two Statutory Schemes In Coming To Its Conclusion.             In Oakes v. Progressive Transportation Services, Case No. B305535 (2d Dist., Div. 2 Nov. 10, 2021) (partially published; 998 discussion published), a plaintiff employee was hurt by an employee of another company in a rear-end car accident, and plaintiff former employer’s workers compensation […]

Worker’s Compensation: S.F. State University Lecturer/Workers Comp. Applicant Denied Fees Based On 2014 Amended Version of Labor Code Section 4064(c)

Cases: Workers' Compensation

  Timing Is Everything—Applicant Would Have Recovered Fees Under Pre-2013 Version of Amended Statute.      For all of our followers, we have one for worker’s compensation practitioners—a category we do not see come up in many appellate decisions (it usually comes up through writ proceedings).      In San Francisco State University v. Workers’ Compensation Appeals

Worker’s Compensation: Worker’s Claim To Recover Fees/Litigation Expenses Did Not Prevail Where Participating Employer During Litigation Process Assigned Lien To Third Party And Worker Did Not Obtain Judgment Exceeding Lien, Although Employer

Cases: Workers' Compensation

  Case Brought A Split In Decision—Majority Found Labor Code Section 3856(c) Applied To Deny Recoupment To Worker For Fee/Expenses, While Dissent Found Section 3856(b) Applied So As To Allow Worker Some Fee/Litigation Expense Recovery.      Roman Catholic Bishop of Monterey, CA v. Mansfield, Case No. H038222 (6th Dist. July 11, 2014) (unpublished) is an

Costs/Prevailing Party: Trial Court’s Dismissal Of Case Based On Worker’s Compensation Exclusivity Defense Did Not Deprive It Of Jurisdiction To Award Costs To Prevailing Party

Cases: Costs, Cases: Prevailing Party, Cases: Workers' Compensation

Fifth District So Decides, But Lays Down No Absolute Rule On Subject Matter Jurisdiction Issue.      Brown v. Desert Christian Center, Case No. F060139 (5th Dist. Mar. 17, 2011) (certified for publication) involved a personal injury that was dismissed on the jurisdictional defense that the involved injuries were within the exclusive province of the worker’s

Workers’ Compensation: Recent Article Suggests That WC Premiums Have Gone Up Recently Due, In Part, To Higher Legal Costs

Cases: Workers' Compensation

  Editorial from The Orange County Register So Opines.      As reported in an August 24, 2010 editorial printed in The Orange County Register’s Opinion section, there is a pending proposal to hike workers’ compensation premiums for businesses up to 29.6% for the “pure premium” rate (the rate businesses pay their insurers for coverage). If

Workers Compensation: No Fees Awardable Where An Employer Or Insurer Disputes A Specific Treatment Request For Applicant Employee Previously Awarded Future Industrial Injury Treatments

Cases: Workers' Compensation

California Supreme Court Construes Scope of Labor Code Section 4607.      Labor Code section 4607 provides that the Workers’ Compensation Appeals Board (WCAB) can assess reasonable attorney’s fees as a cost upon a party who unsuccessfully institutes proceedings to terminate an award of an employee/applicant for continuing medical treatment. The issue before the California Supreme

Workers’ Compensation: Losing Employer On Appellate Writ Petition Owes Supplemental Attorney’s Fees To Employee’s Counsel

Cases: Workers' Compensation

Fifth District So Holds In By-the-Court Unpublished Opinion.      The only way to review a decision of the Workers’ Compensation Appeal Board is through a writ petition to the appellate court. However, if there is no reasonable basis for a petition brought by an employer, the employer may have to pay a supplemental award of

Workers’ Compensation Fee Award: Law Firm Not Required To Make Restitution of Fee Award Where Worker Client Engaged in Fraud, But Law Firm Not Complicit

Cases: Workers' Compensation

     Third District Affirms Decision of the Workers' Compensation Appeal Board (WCAB) Not Requiring Fee Restitution from Worker's Attorneys.      We would like to introduce workers' compensation practitioners to our blog. We examine a recent unpublished decision of interest on a fee restitution request, which was denied by the WCAB and subsequently the Third District

Scroll to Top