What the panel ordered
Petition for reconsideration granted; WCJ's order rescinded; matter returned to WCJ for further proceedings on attorney fee.
Applicant's attorney petitioned for reconsideration of a WCJ order approving a Compromise and Release but reducing the agreed attorney fee from 15% to 10%. The WCAB granted reconsideration and remanded for further proceedings.
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 WCJ reduced the agreed attorney fee from 15% to 10% without providing petitioner notice or an opportunity to be heard, and without specifying the evidence relied upon. Due process requires notice and a meaningful opportunity to present evidence. The record was not sufficiently developed to support the reduction. The matter is remanded for further proceedings.
From the decision · page 5Moreover, petitioner was not provided with notice and an opportunity to be heard prior to the WCJ entering the Order reducing the agreed-upon attorney's fees. (11/5/24 Fee Disclosure Statement; 3/13/25 Order Approving C&R.) Petitioner thus had no opportunity "to supplement the facts developed in the course of the proceedings by other evidence as to the extent and value of the legal services." (Bentley, supra, at pp. 549-550.) For these reasons, we must return this matter to the trial level for further proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
WCJ reduced attorney fee from 15% to 10% without specifying the evidence relied upon or providing petitioner an opportunity to be heard.
Favours Applicant prevailed
This lack of notice and opportunity to present evidence violated due process and required remand for further proceedings.
From the decision · page 5Moreover, petitioner was not provided with notice and an opportunity to be heard prior to the WCJ entering the Order reducing the agreed-upon attorney's fees. (11/5/24 Fee Disclosure Statement; 3/13/25 Order Approving C&R.) Petitioner thus had no opportunity "to supplement the facts developed in the course of the proceedings by other evidence as to the extent and value of the legal services." (Bentley, supra, at pp. 549-550.) For these reasons, we must return this matter to the trial level for further proceedings.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code § 4906(d); Cal. Code Regs., tit. 8, § 10844
Attorney's fees must be reasonable, considering responsibility assumed, care exercised, time involved, and results obtained.
The WCJ must consider these factors and provide a record showing the evidence relied upon in determining a reasonable fee.
From the decision · page 4Code Regs., tit. 8, § 10844; Vierra, supra, at p. 1149.) Pursuant to section 4906, in establishing what constitutes a "reasonable" attorney's fee, the WCJ must consider four factors: (1) the responsibility assumed by the attorney; (2) the care exercised in representing the applicant; (3) the time involved; and (4) the results obtained. (Lab. Code, § 4906(d); see Cal. Code Regs., tit. 8, § 10844.)
Rea v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 625, 643; Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158
Due process requires notice and a meaningful opportunity to present evidence.
Petitioner was not given notice or an opportunity to be heard before the fee reduction, violating due process.
From the decision · page 4All parties to a workers' compensation proceeding retain the fundamental right to due process and a fair hearing under both the California and United States Constitutions. (Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases 805].) "Due process requires notice and a meaningful opportunity to present evidence in regards to the issues." (Rea v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 625, 643 [70 Cal.Comp.Cases 312]; see also Fortich v. Workers' Comp. Appeals Bd. (1991) 233 Cal.App.3d 1449, 1452-1454 [56 Cal.Comp.Cases 537].) A fair hearing includes, but is not limited to, the opportunity to call and cross-examine witnesses; introduce and inspect exhibits; and to offer evidence in rebuttal. (See Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284, 1295 [66 Cal.Comp.Cases 584]; Rucker, supra, at pp. 157-158 citing Kaiser Co. v. Industrial Acci. Com. (Baskin) (1952) 109 Cal.App.2d 54, 58 [17 Cal.Comp.Cases 21]; Katzin v. Workers' Comp. Appeals Bd. (1992) 5 Cal.App.4th 703, 710 [57 Cal.Comp.Cases 230].)
What proof carried it
The evidence the panel weighed, by kind.
Petitioner was not provided notice or an opportunity to be heard before the WCJ reduced the attorney fee, depriving petitioner of the chance to supplement the record with evidence as to the value of legal services.
From the decision · page 5Moreover, petitioner was not provided with notice and an opportunity to be heard prior to the WCJ entering the Order reducing the agreed-upon attorney's fees. (11/5/24 Fee Disclosure Statement; 3/13/25 Order Approving C&R.) Petitioner thus had no opportunity "to supplement the facts developed in the course of the proceedings by other evidence as to the extent and value of the legal services." (Bentley, supra, at pp. 549-550.) For these reasons, we must return this matter to the trial level for further proceedings.
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