News & Analysis as of

Workers’ Compensation Attorney's Fees

Carlton Fields

Florida Appeals Court Decisions Week of May 5 - 9, 2025

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U.S. Eleventh Circuit Court of Appeals - Jones v. Ceinski - qualified immunity - Otto Candies v. Citigroup - RICO, fraud, conspiracy - Berrocal v. US Att’y Gen - standing, international treaty - Maglana v....more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – May 2025

Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more

Goldberg Segalla

One-Time Change: Employers and Carriers Must Go Beyond Simply Authorizing the Benefit

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Florida law entitles injured workers to a one-time change in physicians. This one-time change is a procedural right, per Florida Statute 440.13(2)(f). When the change is granted, the employer or carrier must deauthorize the...more

Weber Gallagher Simpson Stapleton Fires &...

NJ Court Rules Medicare Set-Aside Funds Excluded from Workers’ Comp Attorney Fee Calculations

A recent ruling concerning a workers’ compensation case in New Jersey reaffirmed that Medicare Set-Aside (MSA) funds should not be included in the calculation of attorney fees. The case involved a reopener application for a...more

Marshall Dennehey

Employer’s Refusal to Compromise It’s Subrogation Lien During Pendency of a Tort Action Does Not Constitute Bad Faith Resulting in...

Marshall Dennehey on

Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025 - This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot. A Claim...more

Marshall Dennehey

Commonwealth Court Paves the Way for Workers’ Compensation Fee Agreements Pertaining to Prospective Medical Benefits by Declaring...

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Key Points: A 20% Fee Agreement applicable to all workers’ compensation benefits, indemnity and medical, is per se reasonable and enforceable, regardless of whether the medical expenses have been incurred or will be incurred...more

Weber Gallagher Simpson Stapleton Fires &...

Rising Counsel Fees: How Increased Costs Affect Petitioners and Respondents

On August 22, 2024, the acting Governor signed a bill increasing attorney fees on workers’ compensation cases. Since 1927, the fee for an attorney on a workers’ compensation case was up to 20%. This has now changed with the...more

Goldberg Segalla

Counsel Fee Increases From 20% to 25% on New Jersey Workers’ Compensation Cases

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On August 22, 2024, New Jersey increased the available counsel fee for petitioner’s attorneys from 20% to 25%. The increase was signed into law by Acting Governor Nicholas Scutari. The applicable section of the Statute,...more

Marshall Dennehey

Attorney Fee Cap in Workers’ Compensation Cases Rises to 25%

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On August 22, 2024, Acting Governor Nicholas Scutari signed S2822/A3986 into law.  Under R.S.34:15-64, the attorney fee cap in New Jersey workers’ compensation cases were at 20%....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

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

BakerHostetler

A to Z of What California Employers Need to Know for 2021

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With the new year comes new laws that affect California employers. The following are the A to Z of changes in the law that may affect your business in 2021....more

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