Hugh Rush filed an appeal against a previous court judgment approving a workers' compensation settlement between him and East Bay Electric, LLC. The main issue was the attorney fees that, according to Rush, exceeded the statutory maximum prescribed by law, amounted to fraud and invalidated the judgment approving the settlement.
East Bay Electric, LLC argued any fee arrangement with the attorney had nothing to do with the company or its insurance carrier. The Court affirmed the previous judgment, ruling that the failure to include attorney fees was not an error, the judgment was not fraudulently procured, and East Bay Electric was not obligated to infer that the attorney would take fees based on the structure of the settlement check.
Court Reverses Trial Decision, Mandating Arbitration in Retaliatory-Discharge Claim