Section 4903.2 Of Chapter 1. Payment And Assignment From California Labor Code >> Division 4. >> Part 3. >> Chapter 1.
4903.2
. Where a lien claimant is reimbursed pursuant to subdivision
(f) or (g) of Section 4903 or Section 4903.1, for benefits paid or
services provided, the appeals board may award an attorney's fee to
the applicant's attorney out of the lien claimant's recovery if the
appeals board determines that all of the following occurred:
(a) The lien claimant received notice of all hearings following
the filing of the lien and received notice of intent to award the
applicant's attorney a fee.
(b) An attorney or other representative of the lien claimant did
not participate in the proceedings before the appeals board with
respect to the lien claim.
(c) There were bona fide issues respecting compensability, or
respecting allowability of the lien, such that the services of an
attorney were reasonably required to effectuate recovery on the claim
of lien and were instrumental in effecting the recovery.
(d) The case was not disposed of by compromise and release.
The amount of the attorney's fee out of the lien claimant's
recovery shall be based on the extent of applicant's attorney's
efforts on behalf of the lien claimant. The ratio of the amount of
the attorney's fee awarded against the lien claimant's recovery to
that recovery shall not exceed the ratio of the amount of the
attorney's fee awarded against the applicant's award to that award.