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PanelGranted

Avila, Roberto

ROBERTO AVILA, Applicant vs. INLAND VALLEY HUMANE SOCIETY & SPCA; NOVA CASUALTY COMPANY, administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number: ADJ12135074
Decision date: Oct 8, 2023
District office: Pomona
WCJ: —
Claim administrator: Tristar Risk Management (administering for Nova Casualty Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left wrist

LC §5814LC §5814.5LC §3700LC §5813CCR §10844CCR §10421

Summary

Applicant's attorney Donald Fair sought reconsideration of a July 26, 2023 F&O that awarded him only $1,680.00 (4.2 hours at $400/hour) in Labor Code section 5814.5 attorney's fees for enforcing a section 5814 penalty on applicant's stipulated award, which defendant had paid five days late. Fair requested $16,986.00 based on 42 hours and 28 minutes of work. The Board granted reconsideration and agreed with the WCJ that the requested fee was excessive, disproportionate to the $1,754.50 penalty recovered, and based on an inadequately detailed and inflated itemization. However, the Board found the WCJ's award slightly short of reasonable because it failed to account for multiple communications with defendant, trial preparation, client prepping, and off-the-record time. The Board added 3.75 hours for a total of 7.95 compensable hours, amending the fee award to $3,180.00 and correcting the award to run against the insurer rather than the employer.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.