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SMITH v. WORKERS' COMP. APPEALS BD.

Nos. B190054, B190655.

53 Cal.Rptr.3d 397 (2007)

146 Cal.App.4th 1032

Dwight SMITH, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and California Youth Authority, et al. Respondents. David Amar, Petitioner, v. Workers' Compensation Appeals Board and Mel Clayton Ford, et al. Respondents.

Court of Appeal of California, Second District, Division Six.

January 16, 2007.

Attorney(s) appearing for the Case

William A. Herreras, Grover City, for Petitioner Smith.

Ghitterman, Ghitterman & Feld, Allan S. Ghitterman, Russell R. Ghitterman and Benjamin P. Feld, Santa Barbara, for Petitioner Amar.

State Compensation Insurance Fund, Robert W. Daneri, Chief Counsel, Suzanne Ah-Tye, Assistant Chief Counsel, Don E. Clark, Senior Appellate Counsel, and David M. Goi for Respondents California Youth Authority, Mel Clayton Ford and State Compensation Insurance Fund.

No appearance for Respondent Workers' Compensation Appeals Board.

GILBERT, P.J.

An employee receives a workers' compensation award which includes future medical care. The insurance carrier refuses to furnish some of the treatment but does not institute proceedings to terminate care pursuant to Labor Code section 4607.1 Here we hold the employee's attorney who succeeds in enforcing the award may receive attorney fees.2

In Smith, the worker had been awarded partial...

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