A divided Commonwealth Court en banc has ruled that a workers’ compensation judge had no authority under the Workers’ Compensation Act to evaluate whether a 20% counsel fee for a claimant’s medical compensation award was reasonable.

In Neves v. Workers’ Compensation Appeal Board (American Airlines), according to the Commonwealth Court’s May 14 opinion, claimant Robert Neves filed a claim petition alleging that on Jan. 5, 2015, he suffered a work-related heart attack that damaged his heart muscle while he was employed by American Airlines. On May 3, 2016, Workers’ Compensation Judge Joseph Stokes granted the claim petition and specifically found in his decision that Neves’ attorney was entitled to “20% of any benefits awarded to be paid as counsel fees” under the fee agreement claimant signed.

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