Price

Attorneys Stephen M. Price and Arthur Kay petitioned for a writ of review regarding a decision by respondent Workers’ Compensation Appeals Board (Board) denying them attorney fees for their representation of Enrique Cadena in a workers’ compensation matter. The parties had filed stipulations with a request for an award. In their stipulations, the parties agreed that (1) Mr. Cadena was entitled to permanent disability indemnity; (2) Mr. Cadena’s attorneys requested specified attorney fees; and (3) the fees would be payable from the “far end of [the] award.” Before the workers’ compensation judge (WCJ) issued an award pursuant to the stipulations, Mr. Cadena died. A different WCJ subsequently concluded no attorney fee was payable because there were no benefits payable to Mr. Cadena when he died. The Board denied reconsideration, and we issued a writ of review.

It is clear that the parties stipulated, and the first WCJ ordered, that the permanent disability award be partially commuted to pay the attorney fees requested by Mr. Price and Mr. Kay. We conclude, however, that the WCJ’s approval of the stipulation for commutation to pay attorney fees is not enforceable because…