WCPanelIQ
PanelGranted

Kevin Torres — ADJ11197293

KEVIN TORRES, Applicant vs. ARTIC MECHANICAL; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, administered by SEDGWICK, Defendants

ADJ number
ADJ11197293
Decision date
Apr 28, 2021
District office
Anaheim
WCJ
—
Claim administrator
Sedgwick (administering for Travelers Property Casualty Company of America)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5801LC §5811LC §4660.1

Summary

Following the Fourth District Court of Appeal's April 29, 2021 order dismissing defendant's petition for writ of review and remanding for a supplemental fee award, applicant's attorney sought $5,200.00 in appellate attorney fees (13 hours at $400/hour) and $1,465.25 in appellate costs for printing and submitting a brief. The underlying matter involved Labor Code section 4660.1(c)(1) and was characterized as one of average complexity. The Board found the requested fee reasonable based on counsel's time, effort, care, experience, skill, and the good result achieved, and found the costs substantiated by bills, receipts, and checks. Defendant's objection that the costs were excessive was rejected as based only on defense counsel's personal opinion, which is not substantial evidence. The Board awarded the full attorney fees of $5,200.00 and costs of $1,465.25 against Travelers, in addition to compensation otherwise payable to applicant.

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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