Supreme Court of California

In a dispute involving attorney's fees, Court of Appeals judgment is reversed where Labor Code sec. 4607 authorizes an award of attorney fees to employees who successfully resist efforts to terminate their award of continuing medical treatment, but does not permit an award of fees to employees who successfully challenge the denial of specific treatment requests.

Appellate Information

• Decided 05/11/2009
• Published 05/11/2009

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• William A. Herreras, San Luis Obispo, for Petitioner Dwight Smith., Ghitterman, Ghitterman & Feld, Allan S. Ghitterman, Russell R. Ghitterman and Benjamin P. Feld, Santa Barbara, for Petitioner David Amar.


• For Appellees:
  
• No appearance for Respondent Worker's Compensation Appeals Board., Robert W. Daneri, Suzanne Ah-Tye, San Francisco, Don E. Clark and David M. Goi for Respondents Department of Corrections and Rehabilitation, Juvenile Justice, Mel Clayton Ford and State Compensation Insurance Fund., Raymond G. Fortner, Jr. County Counsel (Los Angeles), Patrick A. Wu, Assistant County Counsel, Leah D. Davis, Principal Deputy County Counsel, Eugenia W. Der, Deputy County Counsel, Rita A. Tchavdarian and Jason E. Waller, Associate County Counsel, for County of Los Angeles as Amicus Curiae on behalf of Respondents Department of Corrections and Rehabilitation, Juvenile Justice, Mel Clayton Ford and State Compensation Insurance Fund., Law Offices of Saul Allweiss and Michael A. Marks, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of Respondents Department of Corrections and Rehabilitation, Juvenile Justice, Mel Clayton Ford and State Compensation Insurance Fund.