“[N]o ‘charge, claim, or agreement for legal services . . . is enforceable, valid, or binding in excess of a reasonable amount. The appeals board may determine what constitutes a reasonable amount.’”
(Lab. Code, § 4906(a), as quoted in Gaines, supra, at p. 22.)
“Attorneys are prohibited from demanding or accepting a fee until the amount is approved by the Appeals Board.”
(Gaines, supra, at p. 22, citing Vierra v. Workers’ Comp. Appeals Bd. (2007) 154 Cal.App.4th 1128, 1131.)
“The Legislature has thus spoken clearly and decisively that attorney fees in workers’ compensation cases cannot exceed an amount that is ‘reasonable’ and that the WCAB shall be the final arbiter of reasonableness in all cases.”
(Vierra, supra, 154 Cal.App.4th at p. 1131, as quoted in Gaines, supra, at p. 23.)
“In establishing a reasonable attorney’s fee, the workers’ compensation judge or arbitrator shall consider the: (a) Responsibility assumed by the attorney; (b) Care exercised in representing the applicant; (c) Time involved; and (d) Results obtained.”
(Cal. Code Regs., tit. 8, § 10844, as quoted in Gaines, supra, at p. 23; see Lab. Code, § 4906(d).)
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