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

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Multiple Choice

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

Explanation:
The main concept is that attorney fees in California workers’ compensation cases resolved by a stipulation must be handled through a formal WCAB order, with the fee typically commuted from the far end of the award. This means the attorney’s fee is not paid upfront or informally; instead, the proper procedure is to have the applicant’s attorney obtain a WCAB order that the fee be paid by commutation from the final benefits at the end of the award. This ensures the fee is approved and monitored by the board, aligns with the stipulation's terms, and protects the rights of all parties by tying the payment to the ultimate resolution of the award. Paying the fee upfront, paying to “get rid of” the attorney, or paying without a board order would bypass required procedures and could create legal and financial complications.

The main concept is that attorney fees in California workers’ compensation cases resolved by a stipulation must be handled through a formal WCAB order, with the fee typically commuted from the far end of the award. This means the attorney’s fee is not paid upfront or informally; instead, the proper procedure is to have the applicant’s attorney obtain a WCAB order that the fee be paid by commutation from the final benefits at the end of the award. This ensures the fee is approved and monitored by the board, aligns with the stipulation's terms, and protects the rights of all parties by tying the payment to the ultimate resolution of the award. Paying the fee upfront, paying to “get rid of” the attorney, or paying without a board order would bypass required procedures and could create legal and financial complications.

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