Md. Code Regs. 14.09.04.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.09.04.02 - Attorney's Fee, Medical Evaluation Fee, and Costs - Application or Petition for Approval

A. Request for Attorney's Fee Not in Excess of Schedule.

(1) An attorney seeking approval of an attorney's fee that does not exceed the maximum amount set forth in Regulation .03 of this chapter, shall request approval of the fee by filing the claimant's consent to pay fees and costs form.

(2) A completed claimant's consent to pay fees and costs form shall:

(a) Be signed by the claimant;

(b) Include the amount of any medical evaluation fee requested to be approved;

(c) Include any amount of costs advanced by claimant's attorney for which the attorney is seeking payment; and

(d) Include any appeal fee requested under Regulation .03B(8) of this chapter.

(3) An attorney shall substantiate a request for a medical evaluation fee, costs, or a fee under Regulation .03 of this chapter by:

(a) Submitting medical bills, receipts, or other evidence of costs;

(b) Submitting evidence establishing that:

(i) The prior compensation award was appealed to the circuit court and tried on appeal;

(ii) The prior compensation award was appealed to an appellate court, briefed and decided on the merits;

(iii) The prior compensation award was appealed to the circuit court but not resolved by trial;

(iv) The prior compensation award was appealed to an appellate court but not briefed and decided on the merits; or

(v) The prior order of the Commission on the issue of compensability of the claim was appealed to the circuit court and the claim was determined to be compensable by the circuit court or jury.

(4) The claimant's consent to the fee is not binding on the Commission.

(5) An award by the Commission approving an attorney's fee under this regulation shall be notice to the party responsible for payment to reserve in escrow the amount of fee approved.

(6) If an appeal is not filed within 30 days, the party responsible for payment shall remit the approved fee to the attorney immediately after the expiration of the 30-day appeal period.

(7) If an appeal is filed timely, the party responsible for payment shall continue to reserve in escrow the amount of the fee approved by the Commission pending final determination of the appeal.

(8) If the parties agree that an appeal will not be filed, the fee may be remitted to the attorney before expiration of the 30-day appeal period.

(9) An attorney seeking approval of an attorney's fee that does not exceed the maximum amount set forth in Regulation .03 of this chapter shall:

(a) Accurately calculate the fees sought; and

(b) Include an itemization of all attorney's fees previously awarded by reference to the amount and date of the Commission's orders.

(10) Failure to comply with this regulation may result in the reduction or denial of the attorney's fee sought.

B. Petition for Attorney's Fee in Excess of Schedule.

(1) An attorney seeking an attorney's fee exceeding the maximum amount set forth in Regulation .03 of this chapter, shall draft and file with the Commission a written petition.

(2) The petition shall contain the following:

(a) A clear and concise description of the legal services rendered to the claimant;

(b) The amount of attorney's fee requested to be approved;

(c) A detailed statement of the reasons for a fee in excess of the maximum amount set forth in Regulation .03 of this chapter;

(d) A detailed statement establishing the exceptional circumstances that warrant an excess fee;

(e) The claimant's signed acknowledgement of the fact that the attorney is requesting approval of an attorney's fee in excess of the schedule, in the amount specified and for the services described;

(f) The amount of any medical evaluation fee requested to be approved; and

(g) A certificate of service indicating that a copy of the petition has been served on the claimant, as well as the other parties to the case.

(3) A petition for approval of an attorney's fee ordinarily shall be considered by the Commissioner who issued the award of compensation.

(4) The Commission, at its discretion, may schedule a hearing on the petition for an attorney's fee in excess of the schedule.

C. Unreasonable Proceeding - Attorney Fee Award.

(1) Pursuant to Labor and Employment Article, § 9-734, Annotated Code of Maryland, the Commission may award a reasonable attorney's fee in any proceeding as a sanction against the conduct of a party acting without reasonable ground.

(2) The Commission may make the attorney's fee award on its own initiative or at the request of any party.

(3) Unless the award of the fee is appealed, the fee allowed under this section is payable immediately.

Md. Code Regs. 14.09.04.02

Regulation .02B amended effective July 1, 1990 (17:12 Md. R. 1494)
Regulation .02F amended effective July 1, 1990 (17:12 Md. R. 1494)
Regulations .02, Guide for Evaluation of Permanent Impairment, recodified from COMAR 14.09.04 to COMAR 14.09.09, Guide for Evaluation of Permanent Disability, effective 41:4 Md. R. 305, eff.3/3/2014
Regulations.02, recodified from Regulations .23-.25 in COMAR 14.09.01, Procedural Regulations,to COMAR 14.09.04, Legal Representation and Fees, and amended effective 41:4 Md. R. 304, eff.3/3/2014 ; amended effective 45:5 Md. R. 287, eff. 3/12/2018; amended effective 48:20 Md. R. 890, eff. 10/18/2021; amended effective 50:6 Md. R.219, eff. 4/3/2023