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Case Name Vierra v. WCAB
Date 08/31/2007
Note Because the WCAB unquestionably has the ultimate authority over attorney compensation (see Reich, supra, 99 Cal.App.3d at p. 234), the WCJ's order that a fee agreement is not binding is free from error.
Citation 154 Cal. App. 4th 1142; 65 Cal. Rptr. 3d 423
WCC Citation WCC 32502007 CA
Petitioner Fred Vierra seeks relief from an order denying reconsideration of a decision by respondent Workers' Compensation Appeals Board (WCAB), upholding an administrative law judge's finding that a written attorney fee agreement Vierra entered into with his attorney was not binding. On October 24, 2005, Vierra entered into a written "Agreement for Attorneys Fees" (the agreement) retaining Attorney Tom Johnson of Anderson & Johnson, LLP, to represent him in the WCAB proceedings. On July 20, 2006, the WCJ issued an order stating that the attorney fee agreement between Johnson and Vierra was not binding on Vierra. On August 3, 2006, Vierra petitioned the WCAB for reconsideration of the WCJ's order, contending the fee arrangement was appropriate and should have been allowed. The WCAB denied reconsideration reasoning that, since there was an available source of funds from which to petition for fees, Vierra was not yet aggrieved by the WCJ's order.

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