Phelps, Ronnie

Applicant Ronnie Phelps, a correctional officer, sustained multiple industrial injuries and was awarded 98% permanent disability, with applicant's counsel awarded attorney's fees. The applicant died on May 13, 2019, before the attorney's fee issue was fully resolved, after defendant had paid counsel $53,727.96 in fees based on the 98% award. Defendant later sought restitution of $30,836.73 as an alleged overpayment of attorney's fees, arguing the fee should be reduced in light of applicant's death. The WCJ found defendant's restitution claim barred by laches, given a four-year unexplained delay in pursuing the issue, and held that counsel was entitled to retain the full fee. The Appeals Board denied reconsideration, agreeing that defendant failed to establish laches and provided scant legal support for restitution.