Are Attorney Fees Available Even With a Reasonable Contest?
Even in the most egregious situations, unreasonable contest fees are granted in nominal amounts that are rarely ever collected due to a blanket stay placed on all such awards by the Workers' Compensation Appeal Board.
April 05, 2021 at 11:10 AM
8 minute read
Recently, we discussed the unreasonable contest counsel fee demand and the appellate courts' recent willingness to take awarding attorney fees seriously, in light of the fact that unreasonable contest counsel fees are traditionally, almost never awarded. Even in the most egregious situations, unreasonable contest fees are granted in nominal amounts that are rarely ever collected due to a blanket stay placed on all such awards by the Workers' Compensation Appeal Board. The September 2020 Pennsylvania Commonwealth Court case of Gabriel v. Workers' Compensation Appeal Board (Procter and Gamble Products), signaled a heightened anticipation that an attorney can be compensated in cases that lack a wage-loss benefit award since in that case, the court found that the employer presented an unreasonable contest in failing to timely issue a bureau document, which is a very common occurrence that rarely goes punished, and forcing the claimant to litigate issues that were really not in dispute.
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