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Case Name | Reich, Adell, Crost & Perry v. WCAB | |
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Date | 01/01/2001 | |
Note | Notice to atty. required before Bd. reduces fee that was agreed to by client in the settlement before Bd. for approval. | |
Citation | 44 CCC 1119 | |
WCC Citation | WCC 27192001 CA |
As required by Section 10860 of the WCAB Rules of Practice and Procedure (hereinafter 'WCAB Rules'), the judge filed a report on each petition for reconsideration wherein he responded to the contentions made by petitioner. In doing so consideration should be given to the standards set forth in WCAB Rules Section 10775 and in the WCAB Policy & Procedure Manual. Thus, while the WCAB should not lightly disregard a fee agreement between the attorney and his client, such an agreement is not binding upon the WCAB. Similarly, Section 10776 of the WCAB Rules [n6] does not declare attorneys fee agreements necessarily invalid, but only requires their prompt submission to the WCAB for review. If dissatisfied with the fee awarded the attorney's recourse is to seek reconsideration by the WCAB.
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