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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Smile Stipulation and Award and Commuting Attorney Fees

    My workers compensation claim was made in the State of: California
    The judge issued this >>>>Having waived the provisions of labor Code S5313 the parties stipulate as follows:to resolve issues of PTS date retroactive TD,PD to date penalties and interest as follows:PTS date 00-2004.
    Applicant to be paid $8,151.85 less attorney fee of $6460.19 on all PD due through00-2008 leaving bal to applicant of $1,691.66.
    Further applicants attorney is awarded commuted attorney fees from the far end of the award in the amount of $15,515.47..Applicant to be paid at a net rate of $175.13 per week starting 0002008. I have been awarded PD and lifetime medical...does this mean the Lawyer is being paid weekly from My award and when the 15,515.47 is paid off I will get a full ck? or the orig. amount I was awarded which was $206.04? Plz dont ask me to ck with the lawyer He never even got my weeks earnings right and when I wanted to show up in court He said it wasn"t necessary...I was still recovering from several operations so I have to take some of the blame but I trusted Him,anyway have I figured this out correctly? After the $15,515.47 is paid off how do I inform the insurance co. to now pay the xtra $30.91 to Me./Thx for your help/summerBy the way is $21,000. a little steep for workers comp lawyer isn't?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: an Exp of Stipulation and Award and Commuting Attorney Fees

    attys generally get a lump sum.
    when accrued amount is insufficient the award is shorted or rate reduced to produce enough for a fee.

    I can't tell which in your case from the information provided.

    atty fee is a percentage --the amount is not standard and is small for small awards and large for large awards.

  3. #3
    Join Date
    May 2009
    Posts
    158

    Default Re: an Exp of Stipulation and Award and Commuting Attorney Fees

    i believe in CA it is 12 to 15% of the PD award...
    also if he/she recovered some TD owed to you another % of that...

    just try to consider all he has done on your behalf and in most cases he/she
    receives nothing until there is an award of something...could be years

    so maybe not too steep..

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: an Exp of Stipulation and Award and Commuting Attorney Fees

    Further applicants attorney is awarded commuted attorney fees from the far end of the award in the amount of $15,515.47..
    "Off the far end" means the number of weeks PDAs you receive are less than would be w/o the fee, OR, the weekly amount is reduced. In your case, the latter appears to be the formula used. You will be paid the full number of weeks associated to the PD/WPI rating. Commutations are not simply a 12% (or whatever % the AA fee is ) reduction of the weekly PDA rate. There is a formula http://www.dir.ca.gov/dwc/CommInst.pdf, and different tables for male/female. Commutations are generally performed by the DEU.
    Commutation request
    This form can be submitted by the parties to the DEU to request a commutation. This form is provided as a convenience—use of it is not mandatory. It is designed to be filled out electronically or printed and filled out by hand.


    The 21K fee includes the past due TD/penalties as well as a fee on the indemnity awarded based on the PD/WPI rating. There is no law that defines AA fees, or caps at 15%. AA fees are based on the attys statement/petition for fees to be awarded by the WCAB judge, based on the amount of work performed.
    The AA receives the fee lump sum... if you die in a few years/months/weeks even, the claim dies with you. The ER/IC is out that money they paid the AA. There is no estate value in a WC award.

    Once the commutation is satisfied you should automatically receive the full weekly benefit.

  5. #5
    Join Date
    Jul 2010
    Posts
    2

    Smile Re: an Exp of Stipulation and Award and Commuting Attorney Fees

    Thank you all so much for the explanation, It's all I really needed to be sure I was fairly treated.....So many times during the meetings with the insurance company my lawyer wanted me to take their offer which was not I felt reasonable, no medical and a lump sum. Its nice to have well informed people able and willing to help/Thx again/Summer

  6. #6
    Join Date
    Jul 2010
    Posts
    12

    Default Re: an Exp of Stipulation and Award and Commuting Attorney Fees

    Please help me understand something...

    If an agreement was signed for , say a 12 pcnt percentage...that is the total percentage that can be deducted from an award/settlement..right?

    What happens in the event that one decides to take the original offering from the IC instead of navigating the awful process to secure more, keeping the medical and low percentage.. If one has been paid on that prior to retaining counsel, how does he/she get paid..or are there no monies due..since nothing was 'won' and agreed to by AA.

    Would appreciate responses from some senior members who are so well versed in this process. THANKS

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: an Exp of Stipulation and Award and Commuting Attorney Fees

    Please help me understand something...

    If an agreement was signed for , say a 12 pcnt percentage...that is the total percentage that can be deducted from an award/settlement..right?

    Assume you are asking about atty fees. Fees in Calif are awarded by the WCAB judge, based on the atty request, they must provide a statement of work performed to justify the fee requested. There is no law govenring AA fee... they range from 9% to 12%, top out at about 15%, but can be more based on work performed.

    What happens in the event that one decides to take the original offering from the IC instead of navigating the awful process to secure more, keeping the medical and low percentage.. If one has been paid on that prior to retaining counsel, how does he/she get paid..or are there no monies due..since nothing was 'won' and agreed to by AA.

    AA don't actually "win" claims. Awards of indemnity are determined by the PD/WPI rating, as defined in the statute.
    AA handle disputed medical issues for IW"s, there is no emotional involvement with an AA representing you... things just move smoother. IW"s are not fully equiped to act in pro per in many cases, even though WC is a administrative law process. The WCAB has taken it upon themselves to complicate matters even further with the new EAMS system. Supposedly to reduce paper... with the seperator sheets, and constant use of EE"s scanning all the forms, it just costs more money in the long run. And not everyone can use the system when it's needed.

    Regardless of what offer you accept, or if you do to resolve the issues in your claim, once you retain counsel, they are entitled to be paid for the work performed representing you. Even if you don't like the outcome.

    Once you have a rating, and award/order, the PDA's are paid bi weekly, unless you negotiation a C&R. If there is no lump sum, the AA fees are commuted off the far end. Meaning the weekly rate is reduced, or the number of weeks is reduced to satisfy the fee. If paid bi weekly, the carrier pays 85% approx, holding back the rest for the AA fees.

    Once the AA rec's the fee, it is very difficult to get one to go back to court to enforce an award. AA's think once the fee is paid, the claim is resolved. End of story.

    Would appreciate responses from some senior members who are so well versed in this process. THANKS"senior" member just means there are lots of posts over a period of time...nothing more. Nothing less...it's all opinion, based on experience, and/or research of the codes/statutes/rules that may pertain to your question.

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