What the panel ordered
Both petitions for reconsideration denied.
Petitions for reconsideration of the WCJ's November 14, 2025 Findings and Award denied by the WCAB panel on February 17, 2026.
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 split of attorney fees was reasonable considering the responsibility, care, time, and results obtained by the attorneys; the lien claimant failed to pursue temporary disability benefits despite medical support; the applicant's attorney failed to support allegations with record citations and did not call witnesses; the lien claimant lacked standing to challenge the award to the applicant's attorney.
From the decision · page 4The Appeals Board has exclusive jurisdiction over fees to be allowed or paid to applicants' attorneys. (Vierra v. Workers' Comp. Appeals Bd. (Vierra) (2007) 154 Cal.App.4th 1142, 1149 [65 Cal. Rptr. 3d 423, 72 Cal.Comp.Cases 1128]; Cal. Code Regs., tit. 8, § 10840.) In calculating attorney fees, our basic statutory command is that the fees awarded must be "reasonable." (Lab. Code, § 4903, 4906(a), (d).) Pursuant to section 4906, in determining what constitutes a "reasonable" attorney fee, the Appeals Board must consider four factors: 1) the responsibility assumed by the attorney; 2) the care exercised by the attorney; 3) the time expended by the attorney; and 4) the results obtained by the attorney. (Lab. Code, § 4906(d); see also Cal. Code Regs., tit. 8, § 10844.)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
QME Dr. Sanchez found the applicant's claim industrial, temporarily disabled, requiring additional treatment.
Favours Defendant prevailed
Supported the entitlement to temporary disability benefits which the lien claimant failed to pursue, affecting the attorney fee division.
From the decision · page 2The Garrett Law Group agreed to utilize Dr. Sanchez as the Qualified Medical Evaluator, who issued a report dated 7/7/2020, where the doctor only refers to the advocacy letter from the defense attorney (LIEN CLAIMANT'S EXHIBIT 2). It does not appear The Garrett Law Group participated in preparing an advocacy letter. Dr. Sanchez found the applicant's claim to be industrial, the applicant was temporarily disabled and stated the applicant required additional treatment. The Garrett Law Group failed to follow up with medical treatment, including a surgical consult for the applicants severe carpal tunnel syndrome and shoulder treatment, and did not obtain temporary disability benefits for the applicant despite the QME finding injury AOE/COE. (LIEN CLAIMANT'S EXHIBIT 2 QME Dr. Sanchez)
Applicant's attorney failed to support allegations with record citations and did not call witnesses at trial.
Favours Defendant prevailed
Weakened applicant attorney's challenge to lien claimant's fee award.
From the decision · page 5Applicant attorney's petition contains many allegations that lien claimant is not entitled to an attorney's fee due to lien claimant's use of a hearing representative. However, applicant's attorney fails to cite the record throughout its petition to support any of the allegations made. (See Flores v. Cal. Dept. of Corrections and Rehab. (2014) 224 Cal.App.4th 199, 204 ["an appellant must do more than assert error and leave it to the appellate court to search the record... to test his claim"].) Furthermore, applicant's attorney called no witnesses at trial to establish any of its allegations.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Found the applicant's claim to be industrial, temporarily disabled, requiring additional treatment; referred to defense attorney's advocacy letter; Garrett Law Group failed to follow up with treatment and temporary disability benefits despite QME findings.
The QME report supported the payment of temporary disability benefits which the lien claimant failed to pursue, impacting the attorney fee division issue.
From the decision · page 2The Garrett Law Group agreed to utilize Dr. Sanchez as the Qualified Medical Evaluator, who issued a report dated 7/7/2020, where the doctor only refers to the advocacy letter from the defense attorney (LIEN CLAIMANT'S EXHIBIT 2). It does not appear The Garrett Law Group participated in preparing an advocacy letter. Dr. Sanchez found the applicant's claim to be industrial, the applicant was temporarily disabled and stated the applicant required additional treatment. The Garrett Law Group failed to follow up with medical treatment, including a surgical consult for the applicants severe carpal tunnel syndrome and shoulder treatment, and did not obtain temporary disability benefits for the applicant despite the QME finding injury AOE/COE. (LIEN CLAIMANT'S EXHIBIT 2 QME Dr. Sanchez)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 4903; Lab. Code, 4906(a), (d); Cal. Code Regs., tit. 8, 10844
Attorney fees must be reasonable considering responsibility, care, time, and results obtained by the attorney.
The Appeals Board applied these factors to determine the reasonableness of the attorney fee division.
From the decision · page 4The Appeals Board has exclusive jurisdiction over fees to be allowed or paid to applicants' attorneys. (Vierra v. Workers' Comp. Appeals Bd. (Vierra) (2007) 154 Cal.App.4th 1142, 1149 [65 Cal. Rptr. 3d 423, 72 Cal.Comp.Cases 1128]; Cal. Code Regs., tit. 8, § 10840.) In calculating attorney fees, our basic statutory command is that the fees awarded must be "reasonable." (Lab. Code, § 4903, 4906(a), (d).) Pursuant to section 4906, in determining what constitutes a "reasonable" attorney fee, the Appeals Board must consider four factors: 1) the responsibility assumed by the attorney; 2) the care exercised by the attorney; 3) the time expended by the attorney; and 4) the results obtained by the attorney. (Lab. Code, § 4906(d); see also Cal. Code Regs., tit. 8, § 10844.)
What proof carried it
The evidence the panel weighed, by kind.
Applicant's attorney failed to cite record to support allegations and did not call witnesses at trial.
From the decision · page 5Applicant attorney's petition contains many allegations that lien claimant is not entitled to an attorney's fee due to lien claimant's use of a hearing representative. However, applicant's attorney fails to cite the record throughout its petition to support any of the allegations made. (See Flores v. Cal. Dept. of Corrections and Rehab. (2014) 224 Cal.App.4th 199, 204 ["an appellant must do more than assert error and leave it to the appellate court to search the record... to test his claim"].) Furthermore, applicant's attorney called no witnesses at trial to establish any of its allegations.
Lien claimant failed to pursue temporary disability benefits despite QME report support.
From the decision · page 5reasonable pursuant to section 4906(d) and WCAB Rule 10844. While it is true that applicant's attorney was on the file for considerably less time, it is also true that the results obtained in their four months of representation were considerably more favorable to applicant. Lien claimant offers no explanation in the record for why it failed to pursue applicant's claim of temporary disability benefits when a QME's report supported the payment of such benefits.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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