“When an issue as to the amount of the attorney’s fee arises, the attorney is still entitled to due process to establish the reasonableness of a fee, and any order regarding a disputed fee must be supported by a record. If the C&R is found adequate, but the adequacy of the attorney’s fee remains in question, the WCJ may approve the C&R with the requested attorney’s fee held in trust pending a hearing on the issue.”
(Gaines, supra, at p. 23.)
“If the documents presented are sufficient to establish that the requested attorney’s fee is reasonable, the WCJ may award it.”
(Gaines, supra, at p. 23.)
“Thus, if the WCJ does not intend to award the requested fee, the appropriate procedure is to set the matter for a hearing.”
(Gaines, supra, at p. 23.)
← § 26.1 · this section in the book