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Workers' Compensation Claim Attorney's Fees

Chartwell Law

The Chartwell Chronicles: New Jersey Attorney Fees

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In Episode 31 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss the new law in New Jersey relating to workers' compensation attorney fees. Please make sure to like and subscribe to The Chartwell...more

Chartwell Law

New Law Raises Workers' Compensation Attorney Fees in New Jersey

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On August 22, 2024, Acting New Jersey Governor Nicholas Scutari signed into law S2822/A3986, a bill that increases the potential counsel fees for petitioner’s attorneys in workers’ compensation cases from 20% to 25% of the...more

Marshall Dennehey

Excluding Counsel Fees From Payment of Future Medical Benefits Based on Future Medical Expenses as Speculative is Contrary to Sec....

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Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough - In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The...more

Marshall Dennehey

Under Section 440 of the Act, an Unreasonable Contest Will Always Result in an Award of Attorney’s Fees and a Reasonable Contest...

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Glenny Torres v. Amazon.com Services LLC (WCAB); No. 1398 C.D. 2022; filed Apr. 9, 2024; Judge Wallace - In this case, a workers’ compensation judge granted a Claim Petition and ordered payment of benefits for a September 17,...more

Marshall Dennehey

Claimant Attorney’s Appeal of Judge of Compensation Claims’ Order Denying a Statutory Fee on Settlement Overturned by First...

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Michael D. Rudolph, Appellant v. Darien Smith, The Home Depot U.S.A., Inc., and Liberty Mutual Insurance Company, Appellees; 1st District Court of Appeal; No. 1D2022-1627; Decision date: Jan. 24, 2024 - This case involves a...more

Marshall Dennehey

A Decision Granting a Claim Petition, but Not Awarding Wage Loss Benefits, Was Supported by Substantial Competent Evidence and,...

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Marie Dennis v. Inglis House (WCAB); No. 1223 C.D. 2022; filed Oct. 12, 2023; Sr. Judge Leavitt - The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January...more

Goldberg Segalla

Workers’ Compensation Board Enacts Changes to Attorneys’ Fee Requests

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Key Takeaways - Amendments to Workers’ Compensation Law Section 24 now requires claimant attorneys follow a fee schedule. Moving forward, it is imperative to timely file the appropriate FROI/SROI forms now that...more

Chartwell Law

Where Are We Now in a Post-Lorino World?

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On December 22, 2021, the Pennsylvania Supreme Court issued a decision in Lorino v. WCAB (Commonwealth of Pennsylvania), 266 A.3d 487 (Pa. 2021), which generally held that attorney’s fees shall be awarded when an injured...more

Goldberg Segalla

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

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Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order...more

Goldberg Segalla

Legislative Update: Cannabis, COVID-19, COMAR and More

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Join Goldberg Segalla partners John K. Archibald and Antonio S. Troese to discuss the impact on workers’ compensation practice and exposure given recent developments in Maryland regulations, COVID-19 cases and presumptions,...more

Goldberg Segalla

[Webinar] Legislative Update: Cannabis, COVID-19, COMAR and More - April 27th, 12:00 pm - 1:00 pm ET

Goldberg Segalla on

Join Goldberg Segalla partners John K. Archibald and Antonio S. Troese to discuss the impact on workers’ compensation practice and exposure given recent developments in Maryland regulations, COVID-19 cases and presumptions,...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Supreme Court Rules on Claimant's Attorney's Fees

Presenting potentially significant exposure to employers, the Pennsylvania Supreme Court just decided Vincent Lorino v. WCAB (Commonwealth of Pennsylvania), addressing the issue of awarding attorney’s fees to a claimant in...more

Jackson Lewis P.C.

Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In

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The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the...more

Chartwell Law

The Dangers of Untimely Filings – What Employers Need to Know

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In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document...more

Chartwell Law

Pennsylvania Courts Maintain Protections for Defendants in Fee Agreements

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Despite a recent decision expanding the traditional notions of recoverable attorney’s fees in workers’ compensation cases, the court still maintains protections for defendants with respect to the assessment of attorney’s fees...more

Chartwell Law

VIDEO: Are PA Workers Compensation Attorney Fees Now Taken from Medical Benefits Too?

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The Pennsylvania Commonwealth Court recently held that attorney fees for Pennsylvania Workers’ Compensation claims can be deducted from medical benefits paid on behalf of claimants, in addition to wage loss benefits....more

Chartwell Law

Attorney Fees in Pennsylvania Workers’ Compensation Cases Now Allowed

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In Neves v. WCAB (American Airlines), the Commonwealth Court held that a counsel fee applies to both wage loss and medical benefits awarded given it is established that this was the intention of claimant and counsel, without...more

Chartwell Law

Florida Workers' Comp Case Law Update: Taxable vs. Non-Taxable Costs

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In Florida, when the injured employee’s attorney files a verified motion for attorney’s fees and costs seeking reimbursement of costs associated with a previously filed petition for benefits, what costs can the injured...more

Chartwell Law

Attorney's Fees Likely to Increase on Dependency Claims

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In a recent unpublished decision the Appellate Division addressed an attorney’s fee issue on a dependency case that has the potential to increase the exposure for such fees in cases going forward. Collas v. Raritan River...more

Cranfill Sumner LLP

Didn't (c) That Coming?

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Attorney Fees Fixed in NC Workers’ Compensation Claim - It is little wonder that most defendants are unfamiliar with N.C. Gen. Stat. § 97-90. But, based upon a recent ruling from the North Carolina Supreme Court (Court),...more

Baker Donelson

2016 Changes to Tennessee Workers’ Compensation

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This year, there are several notable revisions to TN law regarding workers’ compensation. First, reasonable attorney fees and costs can be awarded to the employee and his/her counsel when the employer fails to initiate...more

Carlton Fields

Construction Case Law Update - September 15, 2015

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Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more

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