Vierra

Petitioner Fred Vierra seeks relief from an order denying reconsideration of a decision by respondent Workers’ Compensation Appeals Board (WCAB), upholding an administrative law judge’s finding that a written attorney fee agreement Vierra entered into with his attorney was not binding. Vierra contends that the WCAB’s decision is inconsistent with the statutory scheme and interfered with his right to contract with his attorney. We granted a writ of review and shall now affirm the WCAB order.

FACTUAL AND PROCEDURAL BACKGROUND

On November 21, 2001, Vierra suffered a lower back injury while working for his employer, respondent Collins Pine Company. On January 12, 2005, based on the report of E. Fletcher Eyster, M.D., Vierra and the employer’s carrier, respondent Liberty Mutual Fire Insurance Company (Liberty Mutual), entered into a stipulation awarding him a 78 percent permanent disability with payments of $230 a week for a total sum of $114,655.

On September 28, 2005, Liberty Mutual noticed Vierra’s deposition. On October 24, 2005, Vierra entered into a written “Agreement for Attorneys Fees” (the agreement) retaining Attorney Tom Johnson of Anderson & Johnson, LLP, to…