Sample, Nelson

In a death/dependency claim arising from the industrial death of Nelson Sample, the WCJ awarded applicant's attorney a 12% fee ($104,071.24) on temporary disability and death benefits under CCR section 10844. Applicant's attorney sought reconsideration, arguing he was entitled to a 15% fee given the responsibility assumed, care exercised, time expended, and favorable results obtained, consistent with the parties' 9%-15% fee agreement. The Board found the WCJ's opinion on decision was silent as to the basis for the 12% determination, leaving it unable to evaluate the reasonableness of the fee under Labor Code section 4906 and Hamilton/Blackledge requirements. The Board granted reconsideration, affirmed the Findings and Award but amended it to defer the attorney fee issue, and returned the matter to the WCJ for further proceedings with an adequate statement of reasons.