The Pennsylvania Superior Court has upheld the denial of attorney fees for lawyers representing a doctor in an appeal from a collection of judgment proceeding stemming from his breach of contract case against his employer.

A three-judge panel consisting of Judges Victor Stabile, Megan McCarthy King and Correale Stevens rejected Dr. Michael F. Szwerc's argument that his request for attorney fees was not untimely and that trial court did have jurisdiction over the matter, contrary to its ruling.

Szwerc argued Pennsylvania's Wage Payment and Collection Law imposed no time limit on an employee judgment winner's request for attorney fees and costs, according to King's opinion. Szwerc won $70,000 in economic damages against his former employer, Lehigh Valley Health Network, and approximately $390,000 in attorney fees. After the defendant's unsuccessful appeal, Szwerc asked the court for an additional $156,000 in fees for the appellate work.

In ruling against Szwerc, the Lehigh County court said, "If appellant wished to pursue a claim for attorneys' fees stemming from the litigation or any dispute resolving collection of the judgment pursuant to the WPCL, he could have raised that claim within that time period. Instead, he waited over six months to file the instant motion. The [c]ourt no longer had jurisdiction to entertain appellant's request."

The Superior Court agreed that Szwerc missed the deadline.

"Instead, appellant filed the current request for fees on April 4, 2019, 10 months after this court's June 13, 2018 disposition and nearly six months after the trial court's September 21, 2018 substituted judgment," King said. "Although appellant claims that Section 5505 of the Judicial Code does not apply in this case, Pennsylvania law has repeatedly applied the 30-day time restriction under Section 5505 to requests for attorneys' fees under Section 2503."

She continued, "Furthermore, judicial policy requires finality in proceedings and cannot permit a litigant to prolong the case indefinitely by filing a motion for attorneys' fees at any time. Based upon the foregoing, the trial court correctly concluded it lacked jurisdiction to consider appellant's untimely motion for attorneys' fees."

W. Chad Pociernicki of Sherrard, German & Kelly represents the plaintiff and did not respond to a request for comment. Kimberly Krupka of Gross McGinley represents the defendants and did not respond to a request for comment.