WCAB: Deductions for Attorney Fees End When Award Is Satisfied

The California Workers' Compensation Appeals Board held in a significant panel decision that deductions from an applicant's permanent and total disability benefits were limited under the terms of the award to the amount of the approved attorney fees. "Accordingly, we conclude that the lateral commutation of attorney fees from an award of lifetime benefits is limited to the specific amount of attorney fees approved by the WCJ or the appeals board in the first instance," the board said. "Once defendant has deducted an aggregate amount commensurate with the specified ...