LC 5710 Fees (California)

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LC 5710 Fees (California)

Postby 50Cal20 on Wed Apr 03, 2019 7:32 am

A case settles by C&R in 2011 and is closed. Eight years later AA files a DOR for payment LC 5710 fees for a long forgotten 2009 deposition. I have seen defendants in the past unsuccessfully argue it should implied that the fees, although not specifically mentioned in the settlement documents, were included in the C&R. Judges did not buy that argument. So the question now becomes, "Do we have an unlimited statute of limitations for LC 5710 fees?"
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Re: LC 5710 Fees (California)

Postby LawAdvocate on Wed Apr 03, 2019 8:44 am

Yes. The only argument available may be laches. However, I wager that the AA still has the depo transcript which is enough to prove entitlement to fee. So unless the Compromise and Release specifically settled the attorney fees, I suggest issuing payment.
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Re: LC 5710 Fees (California)

Postby jpod on Thu Apr 04, 2019 9:53 am

Don't LC 5710 fees have to be approved by a WCJ? If so doesn't the a WCJ lose jurisdiction so many years after a case has been C&R'd. I agree jurisdiction remains to enforce the settlement but if the C&R does not address 5710 fees how does a WCJ regain jurisdiction to order fees be paid when a party did not account for it in the settlement or object within the time frame required to address the oversight?

The cost of winning that argument may be more than the fees but I am trying to understand the legal issue regardless of whether a common sense cost/benefit approach is applied. It is not an issue involving the applicant so I fail to see a "just cause" argument getting very far.
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Re: LC 5710 Fees (California)

Postby LawAdvocate on Fri Apr 05, 2019 8:28 am

LC 5710 fees do NOT need WCAB approval. They are deemed to be part of the informal litigation process and should be paid or objected to upon notice of same being claimed.
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Re: LC 5710 Fees (California)

Postby jpod on Fri Apr 05, 2019 8:40 am

Oops you are right, I was thinking of atty fees from PD. I agree then... in the words of the late Gilda Raddner never mind.....
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Re: LC 5710 Fees (California)

Postby mytwocents on Sat Apr 06, 2019 12:00 pm

While it’s true that 5710 fees don’t initially require Board approval, getting an order from a judge to compel payment does. Eight years after a final order, you do have some technical defenses. However, why play “gotcha” if the attorney earned the money and the fee request just fell between the cracks? It happens to all of us, from time to time, and especially insurance companies. Just pay it unless the attorney wants some outrageous hourly rate in which case just pay what’s reasonable.
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