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No Jurisdiction Over Unpaid Interest on Attorneys Fees Not Expressly Ordered by WCAB

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By FindLaw Staff on July 07, 2010 5:11 PM

Koszdin v. State Comp. Ins. Fund, B214481, concerned a challenge to the trial court's dismissal of the complaint following the sustaining of a demurrer for lack of subject matter jurisdiction, in six class action suits brought by two attorneys against employers and workers' compensation insurance carriers, claiming that they failed to pay interest owed on attorney's fee awards issued by the WCAB.  First, the court held that, under the relevant provisions of the Workers' Compensation Act, plaintiffs have standing to seek interest on the attorney's fees awarded directly to them by the WCAB.  However, in affirming the dismissal, the court held that the trial court lacks jurisdiction to entertain the claims for unpaid interest where the WCAB did not expressly order the payment of interest in its attorney's fee awards.

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