WORK COMP LEGAL UPDATE

COMMUTATION OF LIFE PENSION ATTORNEY FEE BASED UPON 3% SAWW

In Acevedo v. Georgia Pacific (2024) 52 CWCR 6, a case was resolved at 83% PD with 15% withheld for attorney fees. The applicant's attorney requested a commutation of the life pension fees at 4.18% SAWW, but the DEU used the "default" 3% from which the attorney filed an appeal.

In a Board Panel Denied Decision, the judges noted the 3% default rate was supported by historical SAWW averages, that applicant's attorney did not provide compelling evidence for a greater percentage, and that a higher percentage was not in the applicant's best interest.

[COMMENT: Technically, commuting higher attorney fees would never be in the applicant's personal financial interest which is a factor to consider under Labor Code 5100. While 3% has become the de facto default amount, this could change as the SAWW continues to increase annually, averaging 5.346% over the last seven years.]

COMPENSABLE CONSEQUENCE

In the noteworthy panel decision of Shaw v. AAA (2023 Cal. Wrk. Comp. P.D. LEXIS 253) a 2016 Stipulated Award provided for medical treatment to the cervical spine, bilateral wrists and psych. More than five years later in 2022, the PTP issued an RFA for treatment to both knees as a compensable consequence of the original neck injury which had caused partial loss of use of the legs and an altered gait resulting in the knee problems. The carrier issued a UR deferral but without copying the applicant.

At trial, the Judge determined the defendant's UR deferral was untimely, and the Board had jurisdiction to order medical treatment for the knees as part of future medical provisions of the Stipulated Award.

On appeal, the WCAB confirmed that the Board maintains jurisdiction over future medical care, including to new body parts as a compensable consequence from the original admitted injuries.

[COMMENT: Holding is consistent with Pirelli Armstrong Tire v. WCAB (Van Zant)(2003) 68 CCC 970.]

31st DWC ANNUAL CONFERENCE

The DWC's 31st Annual Educational Conference is coming to Los Angeles from March 21-22, 2024. The DWC Conference is one of the largest work comp training events in the state, with the HEWS Firm again serving as one of the primary sponsors.

SAN JOSE BOARD MOVING

After a few months of delay, the San Jose Board moved on 2/22/2024 to:

San Jose District Office

224 Airport Parkway, Ste. 600

San Jose, CA 95110

The main office telephone number (408-277-1246) remains the same.

HEWS NEWS:

The HEWS Firm welcomes the return of long-time workers' compensation attorney Catherine A. Pearman to our Glendale office.

March HEWS Work Anniversaries:

Firm Administrator Violet Farley (36 years), Calabasas Office Manager Gina Avila (21 years), and San Bernardino legal assistant Carlisia Martinez (11 years).

Main Contributor: H. Neal Wells IV

Editorial Staff: Lynn P. Peterson

HEW&S OFFICES: COVERING ALL OF CALIFORNIA

San Bernardino (909) 890-0403 (sbr@hmplc.com)
Orange County (949) 250-1216 (ana@hmplc.com)
Glendale (818) 265-0940 (cxr@hmplc.com)
Calabasas (818) 348-8366 (cls@hmplc.com)

www.hmplc.com

The above is for informational purposes only, and not intended to constitute legal advice.