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Monk v. Parker

The Workers Compensation Appellate Division properly granted a motion to dismiss an attorney fee lien after finding that the attorney failed to perfect the lien.

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We granted this discretionary appeal to the former counsel for a workers compensation claimant to consider whether the superior court properly affirmed the decision of the Workers Compensation Appellate Division granting the current counsel’s motion to dismiss the former counsel’s attorney fee lien. Because the superior court did not err in affirming the Appellate Division, we in turn affirm the superior court.

We note first that the record on appeal as it pertains to the issue before us is incomplete.1 The appellate record contains the superior court record, which in turn contains documents filed in the superior court and the record transmitted to the superior court from the Workers Compensation Board. While the Board record contains numerous documents, including 20 Notices of Hearing issued by the Board after the claimant’s former counsel withdrew from the case, it includes only some of the pleadings filed by the parties with the Board. For example, the record includes none of the parties’ Requests for Hearing Forms WC-14, which would indicate who asked for the hearings and for what purpose, information that is not included in the Board’s hearing notices. Additionally, the record does not include the former counsel’s attorney fee lien, the current counsel’s motion to dismiss the lien, the former counsel’s response to the motion to dismiss, or any exhibits that might have been attached to any of those documents. While the former counsel cites to the exhibits he attached to his application for discretionary appeal, those documents are not part of the official record transmitted to this Court from the clerk of the superior court.

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