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Do You Know the Rule? Conn. Award of Fees and Expenses

24 Mar, 2023 Frank Ferreri

                               

Hartford, CT (WorkersCompensation.com) -- When you get right down to it, so much of workers’ compensation and the law surrounding it ends up dealing in dollars and cents. 

So, it comes as no surprise that states have rules regarding the award of fees and expenses, much like Connecticut does. 

The following chart gives a brief rundown of the Constitution State’s fees and expenses provisions.

Topics 
Explanations 
What happens when fees are expenses are awarded 
Whenever fees or expenses are to be paid by the employer or insurer and not by the employee, the administrative law judge may make an award directly in favor of the person entitled to the fees or expenses, which award shall be: 
  • Filed in court. 
  • Subject to appeal.  
  • Be enforceable by execution as in other cases. 
Combination of awards 
An award for fees and expenses may be combined with an award in favor of or against the injured employee or the dependent or dependents of a deceased employee or may be the subject of an award covering only the fees and expenses. 
Administrative law judges’ role 
All fees of attorneys, physicians, podiatrists, or other people for services are subject to the approval of the ALJ. 
Review board 
The review board can review an award of attorney’s fees for consistency with fee guidelines. 
Commissioner 
The commissioner has the authority to approve attorney’s fees contained in an award separate from an award for compensation. Award of “reasonable attorney's fees” issued under section may, at the discretion of commissioner, include fees accrued by paralegals. The commissioner, and by extension the Workers' Compensation Commission, has the authority to adjudicate fee disputes among attorneys who have represented a claimant at different times during the pendency of a case before the commission. 

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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