WCPanelIQ
PanelLienDenied

Ana Flores — ADJ14752542

ANA FLORES, Applicant vs. KOOS MANUFACTURING, INC.; SAFETY NATIONAL CASUALTY COMPANY, Defendants

ADJ number
ADJ14752542
Decision date
Feb 16, 2023
District office
Anaheim
WCJ
Alice Burden
Claim administrator
Safety National Casualty Company
Commissioners
—

Injury / body parts: back, hips, upper extremities, shoulders, wrists, arms, elbows, hands

LC §5710LC §5700LC §4907CCR §10401CCR §10547

Summary

The WCAB denied defendant Safety National Casualty Company's petition for reconsideration challenging an award of attorney's fees for deposition representation by a non-attorney hearing representative. Applicant Ana Flores sustained injury on November 20, 2017, to multiple body parts. At her July 21, 2021 deposition, she was represented by Jesse Lemus, a hearing representative working under the supervision of licensed attorneys at Prusak, Welch & Avila. The WCJ awarded deposition fees at $300 per hour pursuant to Labor Code section 5710(b)(4), and the Board affirmed, finding that the statute permits payment of fees for services rendered by non-attorney representatives when paid to the supervising law firm and when the injured worker is represented by a licensed attorney. The Board relied on 99 Cents Only Stores v. WCAB (Arriaga) and affirmed the WCJ's discretionary fee determination.

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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