Ramirez, Yolanda

Applicant's attorney Martin Arteaga sought reconsideration of a WCJ's Findings and Award that granted him only a 12 percent attorney fee, to be commuted from applicant's permanent disability award. Arteaga argued the 12 percent fee did not reflect the reasonable value of his services and that the applicant had agreed to a 15 percent fee in a 2019 Fee Disclosure Statement. The Board found the 12 percent fee fell slightly short of reasonable because it failed to account for the three-year duration of the case, the work performed (including replacing two QMEs with an AME and stipulating to a 54% PD rating), and the favorable results obtained. The Board held that successfully settling issues should not weigh against the attorney simply because it simplified the trial. The Board rescinded the 12 percent fee and substituted a 15 percent fee award, affirming the remainder of the F&A.