Ordenana, Jessica

Following a $120,000 Compromise and Release, the WCJ ordered the $18,000 in approved attorney fees split between two firms—$10,000 to applicant's current attorney (Hinden & Breslavsky) and $8,000 to lien claimant Garrett Law Group, plus a $500 sanction against Garrett for filing a Petition for Reconsideration/Removal on the eve of trial. Both applicant's attorney and the lien claimant sought reconsideration: applicant's attorney argued Garrett's fee was excessive because Garrett used an unauthorized hearing representative and failed to obtain temporary disability benefits despite supportive QME reporting, while Garrett argued the fee to applicant's attorney was unlawful for failure to file proper forms and should be returned to the injured worker. The Board denied both petitions. It found the fee split reasonable under Labor Code section 4906(d), noted applicant's attorney achieved more favorable results in only four months versus Garrett's four years, and held that applicant's attorney failed to cite the record and Garrett lacked standing to argue for return of funds to the applicant.