D.C. Mun. Regs. tit. 7, r. 7-224

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 7-224 - ATTORNEY FEES

224.1

In accordance with § 31 of the Act [§ 36 -330, D.C. Code, 1981 ed.], this section shall govern the award of attorney fees in all proceedings under the Act.

224.2

In determining whether to award attorney fees and the amount, if any, to be awarded, the following factors shall be considered:

(a) The nature and complexity of the claim including the adversarial nature, if any, of the proceeding;

(b) The actual time spent on development and presentation of the case;

(c) The dollar amount of benefits obtained and the dollar amount of potential future benefits resulting from the efforts of an attorney;

(d) The reasonable and customary local charge for similar services; and

(e) The professional qualifications of the representative and the quality of representation afforded to employee.

224.3

An application for attorney fees shall contain the following:

(a) A complete statement of the extent and character of the necessary work done, described with particularly as to the professional status (e.g., attorney, paralegal, law clerk, or other person assisting an attorney) of each person performing the work;

(b) The normal billing rate in the area for the work; and

(c) The hours devoted by each person to each category of work.

224.4

In any case under § 31(d) of the Act [§ 36 -330(d), D.C. Code, 1981 ed.] where an attorney fee is awarded against a carrier or employer and there is an application made for witness fees and mileage charges as costs, the application shall be subject to approval in the same manner as an application for attorney fees.

224.5

An award of attorney fees made under § 31 of the Act [§ 36 -330,D.C. Code, 1981 ed.] shall not exceed twenty percent (20%) of the actual benefits secured through the efforts of the attorney, including any settlement provided for under the Act and this chapter.

224.6

No contract pertaining to the amount of an awardable attorney fee shall be recognized in reviewing any application for attorney fees under this Act.

224.7

An application for attorney fees shall be filed within six (6) months after the compensation order is issued, or a claim for benefits has become final, or all appeals have been exhausted.

224.8

An application for attorney fees for work performed before the Office of Workers' Compensation shall be filed with the Office. An application for attorney fees for work performed before the Hearings and Adjudication Section shall be filed with the Section. An application for attorney fees for work performed before the Director shall be filed with the Director, DOES.

D.C. Mun. Regs. tit. 7, r. 7-224

Notice of Final Rulemaking published at 41 DCR 3213 (June 3, 1994)