Employers Mut. Liab. Ins. v. WORKMEN'S COMP. APP.

46 Cal.App.3d 104 (1975) 120 Cal. Rptr. 48 EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN et al., Petitioners,

v.

WORKMEN'S COMPENSATION APPEALS BOARD and PABLO M. RODRIGUEZ, Respondents.

Docket No. 35465. Court of Appeals of California, First District, Division Two.

March 17, 1975. [106] COUNSEL

J. Patrick Goodwin for Petitioners.

Frank H. Batlin, Philip M. Miyamoto, Thomas J. McBirnie, Morgan, Beauzay, Hammer, Ezgar, Bledsoe & Rucka and N. Michael Rucka for Respondents.

OPINION

ROUSE, J.

In this writ of review proceeding, we are called upon to determine procedures to be employed in making supplemental awards of attorney's fees for legal services performed in appellate proceedings in workers' compensation cases.

The matter arose when, following our summary denial of an employer's petition for a writ of review, the prevailing employee sought hearing in our Supreme Court on his request for an award of attorney's fees. In its answer to the petition, the Workmen's Compensation Appeals Board (hereinafter "board") suggested that some guidance with respect to the procedures to be employed in awarding attorney's fees in appellate proceedings was in order. Thereafter, on direction from the Supreme Court, we issued a writ of review.[1]

Section 5801 provides, in pertinent part, as follows: "In the event the injured employee or the dependent of a deceased employee prevails in any petition by the employer for a writ of review from an award of the appeals board and the reviewing court finds that there is no reasonable basis for the petition, it shall remand the cause to the appeals board for the purpose of making a supplemental award awarding to the injured employee or his attorney, or the dependent of a deceased employee or his attorney a reasonable attorney's fee for services rendered in connection with the petition for writ of review. Any such fee shall be in addition to the amount of compensation otherwise recoverable and shall be paid as part of the award by the party liable to pay such award."