Jones, Robert

Robert Jones, a fire investigator/engineer, was found permanently totally disabled due to skin cancer and radiation necrosis (brain), and a reasonable attorney's fee of $266,496.88 was awarded based on a total fee basis of $1,776,645.86. Because applicant's present counsel (Cooksey & Marenstein) and prior counsel (Lewis, Marenstein, Wicke, Sherwin & Lee) could not agree on dividing the fee, the matter was tried, and the WCJ awarded $138,844.87 to present counsel and $127,652.01 to prior counsel. Prior counsel petitioned for reconsideration, arguing it assumed greater responsibility and that present counsel's results flowed from prior counsel's work. The WCAB adopted and incorporated the WCJ's Report, finding prior counsel's petition relied on factual assertions outside the evidentiary record (in violation of Rule 10945) and contrary to trial stipulations. The Board denied reconsideration and declined to impose the sanctions requested by prior counsel.