D.C. Mun. Regs. r. 7-269

Current through Register Vol. 71, No. 23, June 7, 2024
Rule 7-269 - ATTORNEY FEES
269.1

No legal fee for services rendered on behalf of a claimant in the successful pursuit or successful defense of an award shall be valid unless approved pursuant to 7 DCMR section 109 in the case of Public Sector appeals or 7 DCMR section 224 in the case of Private Sector appeals.

269.2

Notwithstanding the time limits proscribed by 7 DCMR section 109 or 7 DCMR section 224, an application to the Board for the award of an attorney's fee (including, where appropriate, request for reimbursement of costs) for legal work performed before the Board on behalf of a successful claimant shall be filed with the Board within ninety (90) calendar days after the claim for benefits becomes final and all appeals have been exhausted.

269.3

A fee application filed with the Board shall include only time spent on services performed while the appeal was pending before the Board, and shall be complete in all respects, containing all of the information specified at 7 DCMR section 109 or 7 DCMR section 224, as appropriate.

269.4

A fee application shall be served on all other parties, accompanied by a certificate of service. Any opposing party may respond to the fee application within seven (7) calendar days of receipt of the fee application, which shall be filed with the Board and served upon all other parties.

269.5

If a settlement petition submitted to the Office of Workers' Compensation for approval pursuant to D.C. Official Code section 32-1508(8) (2001) includes agreement as to the payment of an attorney's fee, there shall be no requirement that the Board separately consider or approve the award of an attorney's fee with respect to such settlement agreement.

D.C. Mun. Regs. r. 7-269

Notice of Emergency and Proposed Rulemaking published at 52 DCR 8405 (September 9, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 11093 (December 23, 2005)