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California: Does the WCAB’s Application of Equitable Principles Preclude a Predictable Outcome?

Lexis.com subscribers can link to the cases and statutes cited below. Almost 100 years ago, our Legislature was directed to “create and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the said employees in the course of their employment...

California: The Applicant’s Attorney's Right to a 5814.5 Fee

The WCAB explains why a 5814.5 fee should be awarded where a 5814 penalty is found In Juarez v. Watkins Manufacturing Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, having previously issued a Notice of Intention (NIT) to award attorney’s fees [see Juarez v. Watkins Manufacturing...

California: Rules for Hearing Representatives

It is common in the workers’ comp world for non-attorney representatives to perform a multitude of legal tasks, such as preparing documents, researching issues and communicating with clients. These non-attorney employees are often referred to as “hearing representatives.” They perform...