N.H. Admin. Code § Lab 207.01

Current through Register No. 50, December 12, 2024

Section Lab 207.01 - Attorney Fees for Department of Labor Workers' Compensation Hearings

(a) An attorney for a claimant who prevails in a workers compensation hearing before a hearing officer shall be entitled to attorney fees as follows:

(1) When the issue in dispute relates to the causal relationship of the injury to employment and the injury is found compensable, the attorney representing the claimant shall be entitled to 20% of the retroactive indemnity benefits payable out of the benefit received from the claimant.

(2) The non-payment of medical bills pending a resolution of the question of causal relationship shall not result in said bills being included in the amount used to calculate the award of fees unless the bills were disputed as provided in (3) below;

(3) When the issue in dispute is related to specific medical bills that the carrier has denied as not being causally related to the compensable injury or not required by the nature of the injury, counsel fees and cost shall be payable by the carrier.

(4) If the issue in dispute relates to medical bills and a period of disability subsequent to the case being found compensable the attorney shall be entitled to:

a. 20% of the retroactive benefits payable out of the benefits received from the claimant, and

b. Fees and cost paid by the carrier as a result of disputing the medical bill issue.

(5) If the issue in dispute relates to a permanent impairment award, the attorney representing the claimant shall be entitled to 20% of the award payable out of that award;

(6) The attorney for a claimant who has not prevailed at the department level but prevails on appeal to the board or State Supreme Court shall be entitled only to the fees as awarded by the board or the Court and shall not apply for additional fees at the department level; and

(7) The attorney for a claimant shall file a request for attorney fees within 60 days from the date of the hearing officers' decision or the ruling on any motion for rehearing.

N.H. Admin. Code § Lab 207.01

#6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-B, eff 7-1-07 (formerly Lab 208.01 )

Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10960, Effective 10/23/2015, Expires 10/23/2025.