Wheeler & Beaton v. Workers' Compensation Appeals Board
Opinion
Opinion
Gilbert, J.
A law firm performs services which significantly increase the benefits received by an injured worker. We hold that under such circumstances it is error to apply the Goler rule in setting the attorney fees. We therefore annul the decision of the Workers’ Compensation Appeals Board (Board) denying reconsideration of the attorney fees awarded.
Facts
On February 16, 1990, 38-year-old Dan Tomlinson was employed by Pacific Gas Electric (PG&E) when he fell facedown approximately 20 feet from a ladder. He broke his leg and suffered facial injuries. Approximately three hours after the fall, he suffered the first of a recurring series of seizures.
The law offices of Wheeler & Beaton (petitioner) filed a workers’ compensation claim on behalf of Tomlinson on December 27, 1990. When Tomlinson developed symptoms indicating serious psychological impairment, petitioner amended the claim to include psychiatric injury.
On February 22,1992, psychiatrist James Wells reported that Tomlinson’s condition was permanent and stationary and that his level of impairment in performing various work functions fell into the categories of none, slight, and moderate. Tomlinson attempted to participate…