. . . But The Fees Must Be Requested Before the WCAB or Through Appellate Writ, Not Through Superior Court Civil Proceedings.
Here is one of the rare appellate cases we review in the workers’ compensation area of the law.
In Koszdin v. State Compensation Ins. Fund, Case No. B214481 (2d Dist., Div. 7 July 5, 2010) (certified for publication), Justice Zelon—on a behalf of a 3-0 panel—concluded that attorneys representing injured workers in proceedings before the Workers’ Compensation Appeals Board (WCAB) have standing to seek interest on attorney’s fees awarded directly to them by the WCAB. However, here is the additional rub (ah, yes, like Columbo, there is still one more question to consider).
The rub in this case was that the interest must be included in the WCAB order for purposes of allowing the superior court to entertain the claims for unpaid interest from a jurisdictional standpoint. Otherwise, the attorneys were relegated to seeking redress for unpaid interest before the WCAB or, if appropriate, by filing a writ review petition before the proper appellate court. So, the superior court did not err in dismissing a demurrer by the attorneys with prejudice.
BLOG UNDERVIEW—The counseling point is obvious, even in this specialized area. Make sure that the order has a specific directive for interest on all awards (fees awards included).
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