SMITH v. WORKERS' COMP. APPEALS BD.

No. S150528.

46 Cal.4th 272 (2009)

___ Cal.Rptr.3d ___

___ P.3d ___

DWIGHT SMITH, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and DEPARTMENT OF CORRECTIONS AND REHABILITATION, JUVENILE JUSTICE et al., Respondents. DAVID AMAR, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and MEL CLAYTON FORD et al., Respondents.

Supreme Court of California.

May 11, 2009.


Attorney(s) appearing for the Case

William A. Herreras for Petitioner Dwight Smith.

Ghitterman, Ghitterman & Feld, Allan S. Ghitterman, Russell R. Ghitterman and Benjamin P. Feld for Peititoner David Amar.

No appearance for Respondent Workers' Compensation Appeals Board.

Robert W. Daneri, Suzanne Ah-Tye, Don E. Clark and David M. Goi for Respondents Department of Corrections and Rehabilitation, Juvenile Justice, Mel Clayton Ford and State Compensation Insurance Fund.

Raymond G. Fortner, Jr., County Counsel (Los Angeles), Patrick A. Wu, Assistant County Counsel, Leah D. Davis, Principal Deputy County Counsel, Eugenia W. Der, Deputy County Counsel, Rita A. Tchavdarian and Jason E. Waller, Associate County Counsel, for County of Los Angeles as Amicus Curiae on behalf of Respondents Department of Corrections and Rehabilitation, Juvenile Justice, Mel Clayton Ford and State Compensation Insurance Fund.

Law Offices of Saul Allweiss and Michael A. Marks for California Workers' Compensation Institute as Amicus Curiae on behalf of Respondents Department of Corrections and Rehabilitation, Juvenile Justice, Mel Clayton Ford and State Compensation Insurance Fund.


OPINION

MORENO, J.

In these consolidated workers' compensation cases, we consider the scope of Labor Code section 4607, which provides: "Where a party to a proceeding institutes proceedings to terminate an award made by the appeals board to an applicant for continuing medical treatment and is unsuccessful in such proceedings, the appeals board may determine the amount of attorney's...

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