Dennis Hernandez — ADJ8710519

Applicant's attorney Bruce Gelber (Fensten & Gelber) sought reconsideration of a WCJ's April 13, 2021 Findings and Order that set attorney's fees at 20% ($15,000) of a $75,000 settlement of applicant's Labor Code section 132a discrimination claim. Gelber argued that he was entitled to one-third ($25,000) of the settlement, consistent with a special retainer agreement and the C&R. The Board found that there had been considerable work done by counsel over several years, including trial, reconsideration spanning over three years, and settlement negotiations, and that the result was exceptionally favorable. The Board granted reconsideration, rescinded the F&O, and substituted a finding that Gelber was entitled to $25,000 in attorney's fees, less amounts previously paid.