Legal Question in Workers Comp in California

No. The attorney can not get any money from the case until the WCAB makes a judgment as to what the attorney fee percentage of the permanent disability benefits is [usually about 11%, range of 8-12%?]. If your attorney has taken money already without an award you should confront him/her, if they are an experienced WC atorney report them to the WCAB, and drop the person as your attorney.

Yes, if the attorney has litigated the matter to the extent that you received TTD when you otherwise would not. Additionally, if there is a lot of litigation the attorney may petition the WCAB for a 15% fee on the TTD. However, the payment must be approved by the WCAB as stated by Mr. Sher. In my many years of practice before the WCAB I have never heard of an attorney taking a percentage of a TTD award without WCAB approval. In other words, it is very unlikely that the carrier paid the attorney a percentage of your TTD without approval. Just ask yourself if there was a hearing were everyone was present. The order from that hearing should validate the TTD issue.