Hazel Harper — ADJ11666325

Applicant's attorney sought reconsideration of a WCJ's October 21, 2019 Findings and Order denying his Petition for Attorney Fees out of EDD's lien recovery under Labor Code section 4903.2. EDD had filed a lien and a representative attended the May 15, 2019 hearing at which defendant accepted the claim and agreed to reimburse EDD $13,829.04, with 15% withheld in trust pending the fee dispute. The central issue was whether EDD's mere attendance at a hearing constituted 'participation' under section 4903.2(b), which would bar the applicant attorney from recovering a fee from EDD's recovery. The Board, citing Wyche, Dressler, and several writ-denied cases, held that the presence of a lien claimant's representative at a hearing constitutes sufficient participation to defeat a fee claim. The Board affirmed the WCJ's denial, noting that section 4903.2 fees are discretionary and the WCJ acted within her discretion.