FREE DOWNLOAD: Davis v. Praja Construction Company (Calif. WCAB panel) (penalties; attorney's fees)

Carlos Davis v. Praja Construction Company

Penalties—Delay in Payment of Attorney's Fees—WCAB rescinded WCJ's finding that applicant/laborer with 6/7/2005 admitted industrial injuries to neck, back, head, and left arm was entitled to 25 percent penalty under Labor Code § 5814 for defendant's delay in payment of attorney's fees pursuant to 100 percent permanent disability award in which WCJ ordered that a 12 percent attorney's fee be commuted from far end of award, and held, instead, that defendant's delay in full payment of attorney's fees was reasonable because (1) WCJ's order that fees be commuted from far end of permanent total disability award was ambiguous as such an award continues for life, thereby causing defendant genuine doubt regarding exact sum due, (2) defendant sought clarification of award only two days after time for seeking reconsideration expired, and (3) WCAB found that ambiguous awards are not readily enforceable and it was not solely defendant's responsibility to clarify uncertain award, as applicant's attorney also had a significant interest in clarification. © Copyright 2010 LexisNexis. All rights reserved.

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