Reasonable Attorney's Fee. 8 CCR § 10844

What panels did with this rule

Released decisions that named § 10844, with the passage each turned on. A panel decision persuades; it does not bind.

• ADJ21973060 · 2026-05-12 · Van Nuys District Office8 CCR § 10844

  Determinative passage · p.4In establishing a reasonable attorney's fee, the workers' compensation judge or arbitrator shall consider the:

  The Petition for Reconsideration concerns attorney's fees; the Board will consider these factors on further review.

  Official decision · page 4 →
• ADJ18236958 · 2026-03-06 · Lodi District Office8 CCR § 10844

  Determinative passage · p.73. However, the WCJ raised concerns about the amount of the attorney's fees, and the Petitions for Reconsideration raised the issue of the amount of the attorney's fees. Although parties' stipulations should be allowed where possible, as provided for in Weatherall, supra, that approach is not applicable to attorney's fees in a workers' compensation proceeding. This is because it is not the parties' stipulation but rather sections 4903 and 4906 that give the WCAB jurisdiction to set the legal fees of attorneys appearing before it. (See also Cal. Code Reg., title 8, § 10840-10844.) Attorney's fees generally present as a lien against compensation. (Section 4903(a).) "The Legislature has thus spoken clearly and decisively that attorney fees in workers' compensation cases cannot exceed an amount that is `reasonable' and that the WCAB shall be the final arbiter of reasonableness in all cases." (Vierra v. Workers' Comp. Appeals Board (2007) 154 Cal.App.4th 1142, 1148, [72 Cal.Comp.Cases 1128].) "Once services are rendered, the WCJ may approve, increase or reduce the fees provided for in the agreement, taking into consideration the

  The WCAB applied these standards to vacate prior orders and remand for further proceedings on attorney's fees.

  Official decision · page 7 →
• ADJ12414993 · 2026-02-17 · Los Angeles District Office8 CCR § 10844

  Determinative passage · p.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 Appeals Board applied these factors to determine the reasonableness of the attorney fee division.

  Official decision · page 4 →
• ADJ12674446 · 2025-07-25 · Anaheim District Office8 CCR § 10844

  Determinative passage · p.1Applicant argues, in pertinent part, that the WCJ presumptively determined in the Order what fee amount is reasonable, which is an unqualified opinion that creates an appearance of bias warranting disqualification. Applicant further argues that the WCJ failed to follow WCAB Rule 10844 (Cal. Code Regs., tit. 8, § 10844) in determining an appropriate fee.

  Applicant argued the WCJ failed to follow this rule in determining an appropriate fee.

  Official decision · page 1 →
• ADJ11757061 · 2025-06-23 · San Diego District Office8 CCR § 10844

  Determinative passage · p.6Accordingly, we will grant the Petition. WCAB Rule 10844 provides that the WCJ shall consider the responsibility assumed by the attorney, the care exercised in the representation, the time involved, and the results obtained in establishing a reasonable attorney's fee. (Cal. Code Regs., tit. 8, § 10844.) Since the WCJ did not conclude that Cohen is entitled to an attorney's fee on the temporary disability indemnity, there is no record regarding how Cohen's representation meets these criteria.

  Applied to guide the WCJ's consideration of attorney's fees

  Official decision · page 6 →
• ADJ20067702 · 2025-06-13 · Van Nuys District Office8 CCR § 10844

  Determinative passage · p.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.)

  The WCJ must consider these factors and provide a record showing the evidence relied upon in determining a reasonable fee.

  Official decision · page 4 →
• ADJ11994224 · 2025-05-23 · San Francisco District Office8 CCR § 10844

  Determinative passage · p.7Accordingly, the findings regarding permanent disability and permanent and stationary date are supported by substantial evidence. Applicant also contends that I erred in the calculation of the attorney fee. I awarded a 15% attorney fee on the partial permanent disability indemnity awarded. Pursuant to Title 8, California Code of Regulations, section 10844, I considered that this was a case of above average complexity. It involved multiple body parts, multiple medical evaluations with many supplemental reports and one medical deposition. Despite strong surveillance evidence, applicant obtained a 49% partial permanent disability award. Applicant counsel represented applicant for many years, ultimately representing applicant at trial. Applicant presents no authority for his proposition that "the calculation should focus on ensuring that the 15% fee is derived from the total remaining compensation, after deductions for temporary disability overpayment. The attorney fee is reasonable. Here the temporary disability overpayment stemmed from applicant's own statements to the physician's which were inconsistent with applicant's conduct as revealed on surveillance video. Applicant counsel earned the fee awarded. The award is based on substantial evidence.

  The WCJ awarded a 15% attorney fee based on case complexity and upheld it on reconsideration.

  Official decision · page 7 →
• ADJ10916721 · 2025-04-04 · Van Nuys District Office8 CCR § 10844

  Determinative passage · p.11As for the amount of those fees, California Labor Code Section 4903(a) allows liens for a "reasonable attorney's fee for legal services pertaining to any claim for compensation either before the appeals board or before any of the appellate courts, and the reasonable disbursements in connection therewith." Section 4906(a) allows the WCAB to determine what constitutes a reasonable attorney fee, and Section 4906(d) provides that "[i]n establishing a reasonable attorney's fee, consideration shall be given to the responsibility assumed by the attorney, the care exercised in representing the applicant, the time involved, and the results obtained." These four criteria-responsibility, care, time, and results-are also found in California Code of Regulations, Title 8, Section I 0844.

  Applied to determine the reasonable attorney fee for Robert Palty.

  Official decision · page 11 →