Montero, Gustavo

Applicant's current attorney Norman Homen sought reconsideration of a WCJ's Findings and Order that split a $5,250.00 attorney fee equally between him ($2,625.00) and applicant's former attorney/lien claimant Joseph Hernandez ($2,625.00). Homen argued the WCJ erred because Hernandez submitted no evidence of actual time spent, that the WCJ failed to adequately weigh Homen's responsibility, care, and expeditious results, and that the WCJ displayed bias. The WCAB held that the WCJ has broad discretion in determining a reasonable fee under Labor Code section 4906, and that the WCJ properly considered the statutory factors (responsibility, care, time, and results) in concluding both attorneys contributed substantial efforts. Finding no abuse of discretion, the Board denied reconsideration and adopted the WCJ's Report and Opinion on Decision.