JOHN LETT, Applicant,
v.
L.A.C.M.T.A.; THE TRAVELERS INSURANCE COMPANY, Defendant(s).
Case Nos. VNO 0378504, VNO 0378505, VNO 0382578, VNO 0402513, VNO 0462718
California Workers Compensation Decisions
Workers' Compensation Appeals Board State Of California
March 5, 2004
OPINION
AND DECISION AFTER RECONSIDERATION
On
December 15, 2003, the Appeals Board granted reconsideration
to further study the factual and legal issues in this matter,
so as to give us a complete understanding of the record and
enable us to issue a just and reasoned decision. Having
completed our study, we hereby issue our Decision After
Reconsideration.
On May
9, 2003, the applicant's deposition was taken by
defendant. On May 14, 2003, pursuant to the petition filed by
applicant's counsel, the workers' compensation
administrative law judge (WCJ) issued a conditional order
allowing applicant's counsel attorney's fees of
$416.60 in accordance with Labor Code section
5710.1
Defendant
timely objected to the order on May 22, 2003, contending that
it would be an unreasonable exercise of discretion to allow
attorney fees when the applicant had not signed and delivered
the deposition transcript, and thus, the deposition had not
been completed. Defendant also argued as a matter of public
policy that Labor Code section 5710 must be interpreted
consistent with efforts to eliminate workers'
compensation fraud under Insurance Code section 1871.4, and
that because Labor Code section 5710 fees were a benefit to
the injured worker as opposed to his or her attorney, it was
logical to provide that benefit only after the injured worker
had completed the deposition. Defendant apparently had no
objection as to the monetary amount of the fee requested.
The
issue of the Labor Code section 5710 deposition fees
proceeded to hearing on July 7, 2003, and following the
submission of points and authorities by the parties, the WCJ
issued his decision on October 2, 2003. The WCJ determined
that there was no legal requirement that an applicant sign
his or her deposition transcript prior to allowing reasonable
attorney's fees under Labor Code section 5710.
Specifically, the WCJ found...
