News & Analysis as of

Attorney's Fees Workplace Injury Workers' Compensation Claim

Marshall Dennehey

A Pending Petition for Fees and Costs Only Does Not Toll Statute of Limitations, Nor Does Payment of Attorney’s Fees and/or Costs,...

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American Airlines Group; American Airlines and Sedgwick CMS v. Alejandro Lopez, DCA#: 23-0379; May 22, 2024 - This claim involved a compensable accident date of August 8, 2019, where the employer/carrier provided benefits....more

Stark & Stark

Understanding Workers’ Compensation Costs and Fees in New Jersey

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This is a common question, and it is necessary to fully understand the costs and fees that will be deducted from your award as you consider a potential settlement or are reviewing a judgement by a Judge of Compensation. The...more

Marshall Dennehey

Commonwealth Court Paves the Way for Workers’ Compensation Fee Agreements Pertaining to Prospective Medical Benefits by Declaring...

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Key Points: A 20% Fee Agreement applicable to all workers’ compensation benefits, indemnity and medical, is per se reasonable and enforceable, regardless of whether the medical expenses have been incurred or will be incurred...more

Chartwell Law

The Chartwell Chronicles: New Jersey Attorney Fees

Chartwell Law on

In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more

Chartwell Law

New Law Raises Workers' Compensation Attorney Fees in New Jersey

Chartwell Law on

On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed into law S2822/A3986, a bill that increases the potential counsel fees for petitioner’s attorneys in workers’ compensation cases from 20% to 25% of the...more

Marshall Dennehey

Excluding Counsel Fees From Payment of Future Medical Benefits Based on Future Medical Expenses as Speculative is Contrary to Sec....

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Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough - In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The...more

Marshall Dennehey

Under Section 440 of the Act, an Unreasonable Contest Will Always Result in an Award of Attorney’s Fees and a Reasonable Contest...

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Glenny Torres v. Amazon.com Services LLC (WCAB); No. 1398 C.D. 2022; filed Apr. 9, 2024; Judge Wallace - In this case, a workers’ compensation judge granted a Claim Petition and ordered payment of benefits for a September 17,...more

Marshall Dennehey

Claimant Attorney’s Appeal of Judge of Compensation Claims’ Order Denying a Statutory Fee on Settlement Overturned by First...

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Michael D. Rudolph, Appellant v. Darien Smith, The Home Depot U.S.A., Inc., and Liberty Mutual Insurance Company, Appellees; 1st District Court of Appeal; No. 1D2022-1627; Decision date: Jan. 24, 2024 - This case involves a...more

Marshall Dennehey

A Decision Granting a Claim Petition, but Not Awarding Wage Loss Benefits, Was Supported by Substantial Competent Evidence and,...

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Marie Dennis v. Inglis House (WCAB); No. 1223 C.D. 2022; filed Oct. 12, 2023; Sr. Judge Leavitt - The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January...more

Chartwell Law

Where Are We Now in a Post-Lorino World?

Chartwell Law on

On December 22, 2021, the Pennsylvania Supreme Court issued a decision in Lorino v. WCAB (Commonwealth of Pennsylvania), 266 A.3d 487 (Pa. 2021), which generally held that attorney’s fees shall be awarded when an injured...more

Goldberg Segalla

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Goldberg Segalla on

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Supreme Court Rules on Claimant's Attorney's Fees

Presenting potentially significant exposure to employers, the Pennsylvania Supreme Court just decided Vincent Lorino v. WCAB (Commonwealth of Pennsylvania), addressing the issue of awarding attorney’s fees to a claimant in...more

Jackson Lewis P.C.

Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In

Jackson Lewis P.C. on

The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the...more

Chartwell Law

The Dangers of Untimely Filings – What Employers Need to Know

Chartwell Law on

In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document...more

Chartwell Law

Florida Workers' Comp Case Law Update: Taxable vs. Non-Taxable Costs

Chartwell Law on

In Florida, when the injured employee’s attorney files a verified motion for attorney’s fees and costs seeking reimbursement of costs associated with a previously filed petition for benefits, what costs can the injured...more

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