What the panel ordered
The WCAB affirms the WCJ's October 21, 2019 Findings and Order denying attorney fees to applicant's attorney from EDD's recovery under Labor Code section 4903.2.
Applicant's attorney seeks reconsideration of the October 21, 2019 WCJ Findings and Order denying attorney fees from EDD's recovery under Labor Code section 4903.2.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that EDD's participation in the hearing satisfied the participation requirement under Labor Code section 4903.2(b), thus barring attorney fees to applicant's attorney from EDD's recovery.
From the decision · page 5In this case, EDD filed a lien on November 19, 2018 and a representative for EDD attended the hearing on May 15, 2019. We find that to be sufficient participation within the meaning of section 4903.2 and consistent with the cases cited above. We further note that section 4903.2 attorney fees are discretionary and not mandatory and we find the WCJ was within her discretion to deny them.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.