David Darling — ADJ10981839, ADJ10981842

Applicant David Darling was injured while working as a maintenance mechanic and was represented by counsel throughout the proceedings, with the Application for Adjudication of Claim served on defendant in August 2017. While defendant State Compensation Insurance Fund was paying permanent disability advancements totaling $17,068.57 under Labor Code section 4650, applicant died, and no Stipulated Award was ever issued. The WCJ awarded applicant's attorney a 12% fee ($2,048.22) based on the advancements already paid, and denied defendant's request to dismiss. Defendant petitioned for reconsideration, arguing attorney's fees could only be paid out of an actual award for benefits. The WCAB denied reconsideration, adopting the WCJ's report and relying on Labor Code section 4905 and the Lewis line of authority, holding that because defendant had notice of the attorney's appearance (tantamount to a lien), it was obligated to withhold funds and was liable for the fee even absent a formal award.