Do You Know the Rule? Mass. Attorney's Fees

Circumstances

Fee Amounts

When an insurer refuses to pay compensation within 21 days of an initial liability claim, but prior to a conference agrees to pay the claim (with or without prejudice)

The insurer must pay an attorney’s fee of $1,283.99

If the employee’s attorney fails to appear at a scheduled conciliation, the amount paid is $641.99

When an insurer contests a liability claim and is ordered to pay by an administrative judge at conference

The insurer must pay the employee’s attorney a fee of $1,834.27

The administrative judge can increase or decrease the fee based on the complexity of the case and the amount of work an attorney puts in.

If the employee’s attorney fails to appear at a scheduled conciliation, the fee may be reduced to $917.13

When an insurer contests a claim for benefits other than the initial liability claim as in subsection and fails to pay compensation within 21 days yet agrees to pay the compensation due, prior to conference

The insurer must pay the employee’s attorney fee in the amount of $917.13 plus necessary expenses.

This fee an be reduced to $458.57 if the employee’s attorney fails to appear at a scheduled conciliation

When an insurer contests a claim for benefits or files a complaint to reduce or discontinue benefits by refusing to pay compensation within 21 days, and the order of the administrative judge after a conference reflects the written offer submitted by the claimant (or conciliator on the claimant's behalf)

The insurer must pay the employee’s attorney a fee of $1,283.99 plus necessary expenses.

If the order reflects the written offer of the insurer, no attorney fee should be paid

If the order reflects an amount different from both submissions, the fee should be in the amount of $641.99 plus necessary expenses.

Any fee should be reduced in half if the employee’s attorney fails to show up to a scheduled conciliation

When the insurer files a complaint or contests a claim and then either a) accepts the employee's claim or withdraws its own complaint within 5 days of a hearing, or b) the employee prevails at a hearing

The insurer shall pay a fee to the employee's attorney in the amount of $ 6,419.93 plus necessary expenses

An administrative judge may increase or decrease this amount based on the complexity of the case and the amount of work an attorney puts in

When the insurer appeals the decision of an administrative judge, and the employee prevails in the decision of the Reviewing Board

insurer must pay a fee to the employee's attorney in the amount of $ 1,834.27 an administrative judge may increase or decrease this amount based on the complexity of the case and the amount of work an attorney puts in