§ 121.24. [Reserved].
Source The provisions of this § 121.24 adopted October 25, 1974, effective October 26, 1974, 4 Pa.B. 2285; reserved August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (325896) to (325897).
Notes of Decisions Attorney’s Fee
The Workers’ Compensation Act and regulations empower and require the Workers’ Compensation Judge to examine the nature of the workers’ compensation legal work performed and, in particular, the level of difficulty and time requirements, to determine a reasonable attorney fee. Hendricks v. Workers’ Compensation Appeal Board (Phoenix Pipe and Tube), 909 A.2d 445, 457—458 (Pa. Cmwlth. 2006).
While the regulations impose a duty upon a Worker’s Compensation Judge and the Worker’s Compensation Appeal Board to obtain from a claimant’s attorney necessary documentation prior to determining the amount of attorney’s fees to be awarded, there is no procedure provided to ensure that the facts underlying the claim for attorney’s fees are included in the record. Ramich v. Workers’ Compensation Appeal Board (Schatz Electric, Inc.), 770 A.2d 318 (Pa. 2001).
When an employer appeals an award of counsel fees under section 440 of the act it may be proper to award additional counsel fees to the claimant’s attorney, since the cost of defending that appeal will come out of the claimant’s pocket. Allums v. Workers’ Compensation Appeal Board (Westinghouse Elec. Corp.), 532 A.2d 549 (Pa. Cmwlth. 1987).
Constitutionality; Exhaustion of Administrative Remedies
Appeal by law firm which challenged the constitutionality of the statutes and regulations governing fees in workers’ compensation cases was dismissed for failure to exhaust administrative remedies. Larry Pitt & Associates, P.C. v. Butler, 785 A.2d 1092 (Pa. Cmwlth. 2001); order affirmed 811 A.2d 974 (Pa. 2002).
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