Appellate Division defines “litigation expenses and fees”

Julia Lindsey — Tue, 20 Jan 2009 06:06:42 +0000

In a recent appeal before the Workers Compensation Appellate Division, an employee argued that an ALJ erred in assessing paralegal expenses as a litigation cost. Pursuant to O.C.G.A. § 34-9-108(b)(4), the Code limits reasonable litigation expenses to witness fees and mileage pursuant to Code Section 24-10-24; reasonable expert witness fees subject to the fee schedule; reasonable deposition transcript cost; and the cost of the hearing transcripts. After reviewing the Code section, the Court determined that paralegal time is not a reasonable litigation expense as defined under O.C.G.A. § 34-9-108(b)(4).

In the same appeal, the employee also argued that there was no basis to award a fee for the employee’s failure to attend an independent medical examination. The Court found that O.C.G.A. § 34-9-108 allows for the reimbursement of reasonable litigation expenses, which includes witness and expert witness fees. Since O.C.G.A. § 34-9-102 states that a medical report by an examining physician shall be admissible as evidence, then the fee for the employee’s failure to attend the independent medical examination was proper. The Court concluded that the fee was a reasonable litigation expense properly assessed against the employee since the fee was an expense incurred by the employer for the purpose of obtaining a medical opinion from an expert witness to be presented at the hearing.

Can I Afford An Attorney to Represent Me in My WC Claim?

Adriana Sola Capifali — Wed, 08 Oct 2008 04:44:31 +0000

Many injured workers are concerned about how their attorney will get paid. In the field of workers’ compensation, claimant’s attorneys are generally paid on a contingency basis. The contingency fee structure ensures that injured workers, who do not have money to retain an attorney at the inception of a claim, are able to obtain legal representation. The attorney is paid only when the injured worker wins the case. In the event the injured worker loses the case for compensation, the attorney will generally not collect a fee.

The Georgia Workers’ Compensation Act regulates the contingency fee an attorney can charge an injured worker. O.C.G.A. § 34-9-108(a) limits the percentage an attorney is permitted to charge to no more than 25% of weekly benefits or 25% of the final settlement amount.

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Appellate Division defines “litigation expenses and fees”

Can I Afford An Attorney to Represent Me in My WC Claim?