In what appears to be a case of first impression, an Appeals Board panel held that the state average weekly wage was a proper factor to be included in calculating the present value of a permanent disability award under Cal. Labor Code § 4659(c) for the purpose of commuting a 15-percent attorney fee award, and that an attorney fee based upon SAWW adjustments was not too speculative.

The case is Pan v. State of California. The applicant was awarded 100-percent permanent disability for industrial injuries to neck, upper extremities, hands, back, and headaches during the period 1991 through 4/14/2004.

For a copy of the decision, contact me at Robin.E.Kobayashi@lexisnexis.com