Hansel Lopez — ADJ20168793

Hansel Lopez, a correctional officer for the State of California Department of Corrections, sustained an industrial injury (hypertension and left ventricular hypertrophy) and was awarded 55% permanent disability after apportionment, future medical care, and a 12% attorney fee. Applicant's attorney sought reconsideration solely on the attorney fee, arguing the WCJ abused his discretion by classifying the case as one of average complexity and awarding only 12% rather than 15%. The WCAB agreed, finding the case involved above-average complexity because counsel prevailed on the heart presumption (Labor Code § 3212.2), avoided apportionment through anti-attribution provisions, established LVH without a confirming cardiac MRI, and brought multiple disputed issues to trial. The Board granted the Petition and amended the F&A to reflect a reasonable 15% attorney fee ($13,539.37), otherwise affirming the WCJ's findings.