An applicant's attorney calls and wants his attorney's fee as provided in the STIP. You should:

• A. Pay the attorneys fee from the far end of the award.
• B. Pay the attorney first and then pay the injured EE
• C. Pay the attorney so he will go away.
• D. Tell the AA to get an order from the WCAB ordering the fee be commuted from the far end of the award.

Answer: (D)

In California workers’ compensation, attorney fees tied to a stipulation are not paid automatically or upfront. The proper way is to have the applicant’s attorney obtain an order from the WCAB to commutate the fee from the far end of the award. This means converting the portion of the award that would eventually be paid to the worker into a lump-sum payment that covers the attorney’s fee, rather than deducting or paying it out of ongoing benefits without board approval. The WCAB approval ensures the fee is legally sanctioned and properly documented, protecting the worker’s ongoing benefits. Without a WCAB order, paying the attorney or attempting to “get the fee” another way could bypass rules and reduce the worker’s compensation improperly.