California Court of Appeal

In six class action suits brought by two attorneys against employers and workers' compensation insurance carriers, claiming that they failed to pay interest owed on attorney's fee awards issued by the WCAB, dismissal of the complaint following the sustaining of a demurrer for lack of subject matter jurisdiction is affirmed where: 1) under the relevant provisions of the Workers' Compensation Act, plaintiffs have standing to seek interest on the attorney's fees awarded directly to them by the WCAB; but 2) the trial court lacks jurisdiction to entertain the claims for unpaid interest where the WCAB did not expressly order the payment of interest in its attorney's fee awards.

Appellate Information

• Decided 07/06/2010
• Published 07/06/2010

Judges

• ZELON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Nick Kazandjieff, David M. Axelrad