WCPanelIQ
PanelLienGranted

Pakdamanian, Mehdi

MEHDI PAKDAMANIAN, Applicant vs. FUJIFILM NORTH AMERICA CORP.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number
ADJ13250134
Decision date
Date unavailable
District office
Van Nuys
WCJ
—
Claim administrator
Travelers Property Casualty Company of America
Commissioners
—

Injury / body parts: knee

LC §5909LC §5900LC §5313LC §4906LC §5313CCR §10961CCR §10844CCR §10842

Summary

Lien claimant Ghitterman, Ghitterman & Feld, associated with Torkan & Fanzipour as applicant's counsel in SIBTF proceedings, sought reconsideration of a WCJ's August 12, 2024 Award granting a 15% attorneys' fee rather than the 25% requested. The applicant had settled his underlying knee injury claims via a $65,000 Compromise and Release and subsequently obtained a stipulated SIBTF award for permanent total (100%) disability. The WCJ awarded 15% with a stated rationale after a Notice of Intention process. The Board found no error on the existing record but granted reconsideration to allow counsel to develop the evidentiary record on whether an increased fee was warranted. The Board amended the Award to defer the fee-increase issue pending an evidentiary hearing and continued SIBTF payment of benefits and the 15% fee in the meantime.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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