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PanelGranted in Part

Lonnie Smith — ADJ8681155

LONNIE SMITH, Applicant vs. LEE’S CONCRETE MATERIALS, INC., MARKEL INSURANCE COMPANY; administered by FIRSTCOMP INSURANCE, Defendants

ADJ number: ADJ8681155
Decision date: Mar 1, 2021
District office: Fresno
WCJ: —
Claim administrator: FIRSTCOMP INSURANCE (administering for Markel Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5801LC §5814LC §4453

Summary

The Fifth District Court of Appeal denied defendant's Petition for Writ of Review, finding it lacked a reasonable basis because it raised an issue not first addressed by the WCAB, and remanded for an award of reasonable attorney's fees under Labor Code section 5801. Applicant's counsel Todd R. Tatro submitted a verified petition requesting $29,920.00 (74.8 hours at $400/hour) for preparing the 48-page Answer to the Writ. The Board found the Answer responded to issues lacking novelty or complexity, deemed 16 hours of administrative/clerical tasks non-compensable, and found the overall hours excessive. The Board awarded $18,000.00 in appellate attorney's fees, payable in addition to compensation otherwise owed 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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.