AA Fees for Expedited Hearing (California)

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AA Fees for Expedited Hearing (California)

Postby postscript2 on Thu Oct 29, 2009 4:04 pm

Are there any statues that govern whether or not an AA is entitled to fees for preparing for and attending an expedited hearing? I know that an AA can collect a % of T.D., if awarded at trial, but beyond that can't remember.

Thanks,

LCS
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Re: AA Fees for Expedited Hearing (California)

Postby jakelast@aol.com on Fri Oct 30, 2009 1:58 pm

There is nothing specific about an expedited hearing that alters the method of payment of attonrey fees unless it is post award to enforce entitlement to an already awarded benefit and the WCAB ultimately awards a penalty under LC 5814. If so an award of attorney fees is awardable under LC 5814.5 and would be based on the time and effort the attorney put into enforceing the award.

However simply attending and participating in an Expedited Hearing does not alter the customary arrangement for payment of fees.
Jake Jacobsmeyer
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Re: AA Fees for Expedited Hearing (California)

Postby postscript2 on Sat Oct 31, 2009 12:54 pm

Thank you Jake...

LCS ;)
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Re: AA Fees for Expedited Hearing (California)

Postby rbaird on Mon Nov 02, 2009 11:58 am

Although an AA's time and effort in requesting an expedited and getting a favorable result would add support to a claim for extraordinary fees...
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