What the panel ordered
Petition for Reconsideration granted; Award of August 12, 2024 amended to allow further evidentiary hearing on attorneys' fees increase; Award otherwise affirmed.
Petition for Reconsideration of the Award of August 12, 2024 filed by lien claimant Ghitterman, Ghitterman & Feld regarding attorneys' fees was granted by the WCAB, which remanded the matter for an evidentiary hearing on the fee increase issue.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found no error in the WCJ's original 15% attorneys' fee award but granted reconsideration to allow an evidentiary hearing for lien claimant to present additional evidence for a higher fee.
From the decision · page 3Turning to the merits, while we see no error in the WCJ's decision on the existing record, we will grant reconsideration and amend the WCJ's decision in order to afford applicant's counsel the opportunity to develop the evidentiary record on the issue of an increase of the award of attorneys' fees. In the further proceedings, applicant's counsel may present documentary evidence and testimony in an evidentiary hearing so that the WCJ may decide the issue on a more complete record based on the factors set forth in Labor Code § 4906(a) and WCAB Rule 10844 (Cal. Code Regs., tit. 8, § 10844). Applicant should be granted notice of the hearing and the notice required by WCAB Rule 10842 (Cal. Code Regs., tit. 8, § 10842). Pending the WCJ's decision on an attorney fee increase, SIBTF should continue to pay benefits and attorneys' fees as currently required by the Award.