MEMORANDUM NO. 1998-01
Claimants' Attorneys' Fees
|TO:||All Commissioners, Fiscal Administrative Officers, Self-Insureds, Insurance Carriers, and Attorneys|
|FROM:||Jesse M. Frankl, Chairman|
|DATE:||January 2, 1998|
|RE:||Claimants' Attorneys' Fees|
Section 31-327(b) states that "all fees of attorneys... shall be subject to the approval of the commissioner." The criteria that should be used is as follows:
- There should be no attorney fees for uncontested voluntary temporary total or temporary partial payments.
- Any contested temporary total or temporary partial payments shall be subject to no more than a 20% attorney fee or contingency fee. Robinson v. Allied Grocers et al, 39 Conn Sup 386 (1983), aff'g CRD Vol 1 Conn Workers' Comp Rev Op 132, 68-CRD-1-81 (1982).
- Permanent partial award. An attorney may charge no more than 20% as a fee of a permanent partial award. If the permanent partial award is commuted, then the attorney's fee shall be reduced by the same percentage that the commutation is reduced by.
- Settlement or stipulation. An attorney may charge no more than 20% of the total of the settlement or stipulation, less medical bills that are paid by the claimant.
- Contested cases or formal hearings. An attorney may charge a contingency fee not more than 20% or an amount to be determined by the Commissioner based on time spent.
- An attorney may not request a retainer or fee unless the issue is contested or prior to a Formal Hearing or appeal.