Steven Vlasis — ADJ11941983, ADJ11941968

Applicant's attorney sought reconsideration of a WCJ's Findings and Order denying him an attorney fee under Labor Code section 4903.2 to be paid out of the recoveries of lien claimants Blue Shield of California and Anthem Blue Cross. The applicant's attorney had litigated and won the AOE/COE issue establishing that the deputy sheriff's brain cancer was industrial, after which the lien claimants' own attorney appeared at a single lien conference and negotiated settlements ($200,000 for Blue Shield, $19,000 for Anthem). The WCJ found that the lien claimants' attorney participated in the proceedings with respect to the lien claim, that section 4903.2(b) was therefore not satisfied, and that no 'common fund' was created by the applicant's attorney's efforts. The WCAB panel adopted the WCJ's Report, noted that section 4903.2 fees are discretionary not mandatory, found no abuse of discretion, and denied reconsideration.