Applicant is not entitled to attorney's fees as a pro-per litigant; fees must be reasonably divided between the two attorneys based on their work and responsibility; Wang's fee award is reasonable but contingent on filing a signed fee disclosure; Cohen is entitled to the majority of fees for his substantial work and results.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant is not an attorney and represented herself in pro-per, thus not entitled to attorney's fees under Labor Code section 4903(a).
Favours Defendant prevailed
Prohibition on awarding fees to non-attorneys required rescinding applicant's fee award.
Wang provided minimal legal services, filed only initial documents, and applicant was dissatisfied with his representation.
Favours Defendant prevailed
Supported the reasonableness of Wang's limited fee award.
Cohen spent significant time, assumed bulk of responsibilities, and obtained successful results including negotiating the C&R.
Favours Applicant prevailed
Justified awarding Cohen the majority of attorney's fees.
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We now address the attorney's fees owed to Cohen. The record shows that, unlike Wang,
Cohen spent a great deal of time on applicant's case, exercised ample care, assumed the bulk of
the responsibilities, and obtained successful results for applicant. For instance, Cohen represented
applicant for 581 days (over three times as long as Wang), during which time he addressed
PQME/QME issues, prepared applicant to be deposed by defendant, analyzed files, including
medical reports and utilization review files, addressed applicant's temporary disability (TD)
benefits, requested a permanent disability (PD) advance, and engaged in ongoing communications
with opposing counsel, as well as the insurance company, regarding applicant's treatment. (App.
Exhs. 4, 7, 15-17, 20-22, 29, 30, 32.) Cohen also negotiated the C&R, thus obtaining a successful
result for applicant.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 4903, 4906
Attorney fees in workers' compensation cases must be reasonable and are subject to Board's final determination.
Fees awarded must consider responsibility, care, time, and results by attorney.
From the decision · page 3The Appeals Board has exclusive jurisdiction over fees to be allowed or paid to applicants'
attorneys. (Vierra v. Workers' Comp. Appeals Bd. (2007) 154 Cal.App.4th 1142, 1149 (Vierra).)
In calculating attorney's fees, our basic statutory command is that the fees awarded must be
"reasonable." (Lab. Code, § 4903, 4906(a) & (d).) Pursuant to section 4906, in determining what
constitutes a "reasonable" attorney's fee, the Board must consider four factors: (1) the
responsibility assumed by the attorney; (2) the care exercised by the attorney; (3) the time
expended by the attorney; and (4) the results obtained by the attorney. (Lab. Code, § 4906(d); see
also Cal. Code Regs., tit. 8, § 10844.) In Vierra, supra, the Court of Appeal held:
What proof carried it
The evidence the panel weighed, by kind.
Testimony and credibilityfavours Applicant prevailed
Applicant testified she never met Wang and was dissatisfied with his representation, stating he did little work and she terminated him.
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