Christian Petrucci of the Law Offices of Christian Petrucci. Litigation Expenses in Workers' Compensation Matters
As the court rightly noted, denying such costs "would impose an additional element not set forth in the act and undermine the remedial purpose of the act." The court thought this principle was important enough to report the case as precedential.
October 28, 2022 at 12:56 PM
6 minute read
CommentaryAs is well known, the reimbursement of litigation costs in a workers' compensation matter by the employer is generally axiomatic following successful litigation of a petition or settlement of the entire case via compromise and release agreement. The underpinnings of this custom is Section 440(a) of the act, which provides:
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