New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 200 - DEPARTMENT OF LABOR HEARINGS
Part Lab 207 - AWARD OF FEES AND INTEREST
Section Lab 207.01 - Attorney Fees for Department of Labor Workers' Compensation Hearings
Universal Citation: NH Admin Rules Lab 207.01
Current through Register No. 40, October 3, 2024
(a) An attorney for a claimant who prevails in a workers compensation hearing before a hearing officer shall be entitled to attorney fees as follows:
(1) When the issue in dispute relates to the
causal relationship of the injury to employment and the injury is found
compensable, the attorney representing the claimant shall be entitled to 20% of
the retroactive indemnity benefits payable out of the benefit received from the
claimant.
(2) The non-payment of
medical bills pending a resolution of the question of causal relationship shall
not result in said bills being included in the amount used to calculate the
award of fees unless the bills were disputed as provided in (3)
below;
(3) When the issue in
dispute is related to specific medical bills that the carrier has denied as not
being causally related to the compensable injury or not required by the nature
of the injury, counsel fees and cost shall be payable by the carrier.
(4) If the issue in dispute relates to
medical bills and a period of disability subsequent to the case being found
compensable the attorney shall be entitled to:
a. 20% of the retroactive benefits payable
out of the benefits received from the claimant, and
b. Fees and cost paid by the carrier as a
result of disputing the medical bill issue.
(5) If the issue in dispute relates to a
permanent impairment award, the attorney representing the claimant shall be
entitled to 20% of the award payable out of that award;
(6) The attorney for a claimant who has not
prevailed at the department level but prevails on appeal to the board or State
Supreme Court shall be entitled only to the fees as awarded by the board or the
Court and shall not apply for additional fees at the department level;
and
(7) The attorney for a claimant
shall file a request for attorney fees within 60 days from the date of the
hearing officers' decision or the ruling on any motion for rehearing.
#6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-B, eff 7-1-07 (formerly Lab 208.01)
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