Workers’ Compensation: Losing Employer On Appellate Writ Petition Owes Supplemental Attorney’s Fees To Employee’s Counsel

Fifth District So Holds In By-the-Court Unpublished Opinion.

     The only way to review a decision of the Workers’ Compensation Appeal Board is through a writ petition to the appellate court. However, if there is no reasonable basis for a petition brought by an employer, the employer may have to pay a supplemental award of reasonable attorney’s fees to employee’s counsel for having to answer a meritless writ petition. The Fifth District reminded us of this in Sensient Technologies Corp. v. WCAB, Case No. F056325 (5^th Dist. Dec. 30, 2008) (unpublished by-the-court), citing Crown Appliance v. Workers’ Comp. Appeals Bd., 115 Cal.App.4^th 620, 627 (2004).