ATTORNEY FEES / “Multiple Reasons” Is Not A Sufficient Explanation For Denial Of Fees

Appeal 071788 - December 13, 2007

            The Appeals Panel reversed a portion of the Hearing Officer’s decision on fees for the Claimant’s attorney because there was a justification text and no explanation by the Hearing Officer why fees were denied.

            The Appeals Panel held that it was an abuse of discretion to deny attorney fees for “multiple reasons” because denying fees for “multiple reasons” does not provide enough information to permit a meaningful review.

ATTORNEY FEES / In Carrier-Pay SIBs Cases Fees

Must Be Allocated

Appeal 071432 - November 26, 2007

            In a SIBs case involving four disputed quarters, the Claimant was only awarded one of the quarters.

            The Carrier appealed the attorney fee order because the Claimant’s attorney did not allocate his fees among the four quarters in dispute.

            The Appeals Panel reversed and remanded so that the parties may present evidence as to which attorney fees are allocatable to which quarter and the hearing officer may approve carrier-pay fees only for the quarter in which the Claimant prevailed.