As 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:
“In any contested case where the insurer has contested liability in whole or in part, … the employee … in whose favor the matter at issue has been finally determined in whole or in part shall be awarded … a reasonable sum for costs incurred for attorney fees, witnesses, necessary medical examination, and the value of unreimbursed lost time to attend the proceedings.”
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