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California Court of Appeal


Smith v. Workers' Comp. App. Bd., B190054, B190655

An employee's attorney who succeeds in enforcing the employee's workers' compensation award, which includes future medical care, may receive attorney fees for succeeding in enforcing the award after the insurance carrier refuses to furnish some of the treatment but does not institute proceedings to terminate care pursuant to Labor Code section 4607.

Appellate Information

  • Decided 01/16/2007
  • Published 01/16/2007

Judges

  • GILBERT, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • William A. Herreras, Grover City, for Petitioner Smith., Ghitterman, Ghitterman & Feld, Allan S. Ghitterman, Russell R. Ghitterman and Benjamin P. Feld, Santa Barbara, for Petitioner Amar.

  • For Appellees:
  • State Compensation Insurance Fund, Robert W. Daneri, Chief Counsel, Suzanne Ah-Tye, Assistant Chief Counsel, Don E. Clark, Senior Appellate Counsel, and David M. Goi for Respondents California Youth Authority, Mel Clayton Ford and State Compensation Insurance Fund., No appearance for Respondent Workers' Compensation Appeals Board.
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