California Compensation & Fire Co. v. Industrial Accident Commission

BRAY, P. J.

Petitioners seek review and annulment of an award made by respondent commission granting a certain method of payment of attorney’s fees earned in representing the successful claimant for compensation, respondent Edward C. Leventon.

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Questions Presented

1. Does section 4904.1, Labor Code, provide for payment by the employer, or its carrier, of a successful claimant’s attorney’s fees for which a lien is granted in section 4904, in addition to the award of installment payments for disability granted the claimant ?

2. How should payments be made under that section?

Record

Leventon, a timber-faller, sustained an industrial injury on July 29, 1957, which resulted in immediate total paraplegia. Petitioners provided him with medical treatment and temporary disability indemnity payments. Leventon was paid $40 per week for temporary disability by petitioners through October 5, 1959, and $35 per week thereafter until March 22,1960.

On January 27, 1960, hearings were had upon the date at which temporary disability ceased and permanent disability began. That date was set at May 19, 1959. Further, Leventon was found to have been entitled to $40 a week as temporary disability payments from the date of injury through May 19, 1959. Also, Leventon was found to be entitled to 400 weekly

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payments of $35 for permanent disability, commencing May 27, 1959, totaling $14,000; thereafter he was

to

receive $21.54 per week as a life pension. Leventon’s attorney was granted a “lien against unpaid compensation” for the sum of $1,000. The award became final on March 22, 1960. The petitioners immediately began to withhold payments to Leventon in order to accumulate $1,000 for payment of the attorney’s lien. Leventon, 100 per cent disabled, therefore received no disability payments while the sum was accumulating.

On May 11,1960, Leventon’s attorney petitioned for partial commutation and for determination of attorney’s fees under Labor Code, section 4904.1. Upon stipulation the request for partial commutation was dismissed and the sole question for determination became the payment of the fee under the Labor Code. On November 14, 1960, an award was made requiring petitioner to pay Leventon’s attorney $1,000 forthwith, “without disturbing the weekly payments due under the Findings and Award, filed herein March 22, 1960, pursuant to Labor Code Section 4904.1. ’'