Are attorneys' fees a part of the permanent disability indemnity?
California, United States of America
The following excerpt is from State Comp. Ins. Fund v. Workers' Comp. Appeals Bd., 117 Cal.App.3d 143, 172 Cal.Rptr. 557 (Cal. App. 1981):
It is clear, however, that attorneys' fees are not a part of permanent disability indemnity as a consequence of their statutory origin. Merely because attorneys' fees are, in some cases, calculated upon and assessed out of permanent disability indemnity does not make them a [117 Cal.App.3d 150] part of the permanent disability class of benefit. (Burton v. Workers' Comp. Appeals Bd. (1980) 112 Cal.App.3d 85, 90-91, 169 Cal.Rptr. 72.)
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