Dressler

Petitioner Dressier seeks to annul a decision of respondent board denying him attorney fees as against the lien claimants in a proceeding before it. We deny the petition.

On behalf of an injured worker, petitioner prosecuted successfully an application for an award. Represented by respondent Lien Services, two insurance carriers filed liens amounting to a total of $177,323, which were allowed. Petitioner has been allowed a fee of $2,100, payable by the worker; he was denied any additional fee from the lien claimants.

The parties agree on two doctrines: (1) If a lien claimant does no more than file its lien, thereafter taking no part in the proceedings before the board or its judge, the attorney for the worker is entitled to a fee payable by the lien claimant; (2) if the lien claimant actively intervenes in the proceedings, by its own counsel, introducing evidence, examining or cross-examining witnesses, the attorney for the worker is not entitled to a fee payable by the lien claimant.

The present case requires us to consider how much participation the attorney for the lien claimant must make in order to avoid a fee charge against his client payable to the attorney for…