Loeffler, Natasha

Applicant's attorney Philip M. Cohen sought reconsideration of a Findings and Award, arguing the WCJ erred by failing to assess attorney's fees on the temporary disability indemnity and claiming entitlement to an 18% fee thereon. The WCAB granted reconsideration, agreeing that an attorney's fee lien attaches to temporary disability indemnity under Labor Code section 4903(a), but found there was no record developed regarding the reasonableness of any fee on the TD indemnity. The Board also found Cohen's fee disclosure statement incomplete and misleading because it failed to comply with section 4906(e) and that his fee increase request lacked the notice required by WCAB Rule 10842. The Board further identified a clerical error in the F&A's earnings finding, correcting it from $1,273.60 to $1,245.60 per week consistent with the Opinion on Decision. The Board rescinded the F&A, substituted findings deferring attorney's fees and correcting earnings, and returned the matter to the trial level for further proceedings.