SUMMARY
This chapter identifies the various statutes that authorize attorney fees and penalties in workers' compensation cases and addresses the different situations in which they apply. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 23
ATTORNEY FEES AND PENALTIES
Randy Elmer
§ 23.1 SCOPE
§ 23.2 GOVERNING LAW
§ 23.3 ATTORNEY FEES TO BE AWARDED WHEN THE CLAIMANT’S ATTORNEY IS INSTRUMENTAL IN OBTAINING ADDITIONAL TEMPORARY DISABILITY
§ 23.3-1 Generally
§ 23.3-2 Claim Closure
§ 23.3-3 Attorney Fee at Hearing
§ 23.3-4 Temporary Disability on Appeal to Workers’ Compensation Board or Court
§ 23.3-5 Vocational Rehabilitation
§ 23.4 EXTENT OF PERMANENT PARTIAL DISABILITY OR PERMANENT TOTAL DISABILITY
§ 23.4-1 Reconsideration
§ 23.4-2 At Hearing
§ 23.4-3 On Appeal to the Workers’ Compensation Board
§ 23.4-4 On Appeal to the Court
§ 23.4-5 Employer Appeal
§ 23.5 RECLASSIFICATION
§ 23.6 DENIED CLAIMS; ASSESSED FEES
§ 23.6-1 Written Denials
§ 23.6-2 De Facto Denials
§ 23.7 OWN-MOTION CASES
§ 23.8 SETTLEMENTS
§ 23.8-1 Disputed-Claim Settlements
§ 23.8-2 Claim Disposition Agreements
§ 23.9 PENALTIES
§ 23.9-1 Unreasonable Delay or Refusal to Pay Compensation
§ 23.9-2 Failure to Timely Accept or Deny
§ 23.9-3 Improper Claim Closure
§ 23.9-4 Discovery Violations
§ 23.9-5 Responsibility Cases
§ 23.9-6 Frivolous Appeals
§ 23.9-7 Sanctions
§ 23.9-8 Failure to Cooperate and Attorney Fees for Interviews and Depositions
§ 23.10 REFUSAL TO PAY COMPENSATION, COSTS, OR ATTORNEY FEES
§ 23.11 COSTS
Appendix 23A Abbreviations