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Do You Know the Rule? Va. Attorney’s Fees

16 Jan, 2024 Frank Ferreri

                               

Fredericksburg, VA (WorkersCompensation.com) -- Virginia law covers two scenarios in which attorney's fees are accounted for in a workers' compensation case: 1) where the parties agree to a fee; and 2) where they don't.

The following material breaks down how the two scenarios play out.

Scenario 1: There's an agreement between parties as to the fee
An attorney's fee shall be awarded from sums recovered for the benefit of a third-party insurance carrier or a health care provider if agreement is reached and an order, endorsed by counsel and the carrier or provider, identifying the amount of medical charges recovered and the agreed fee, is submitted to the commission.
Scenario 2: The parties fail to agree on a fee
An attorney's fee shall be awarded from sums recovered for the benefit of a third-party insurance carrier or a health care if the parties cannot agree, upon filing of a statement including the name and address of each carrier or provider from whom the fee is requested, the amount of the medical charge recovered for each carrier or provider and the amount of the fee requested, and certification that (all must be satisfied):
1. The claim was contested or defense was abandoned.
2. Prior to the filing of a request with the commission, the attorney and carrier or provider mad a reasonable good faith effort to resolve the matter.
3. The insurance carrier or health care provider was given reasonable notice that a motion for an award of an attorney's fee would be made.
4. A copy of the motion has been sent to each carrier and health care provider identified.
A note about notice
If the request for attorney's fees is referred to the evidentiary hearing docket, counsel must provide notice of the hearing to each carrier or provider.
The notice must state the amount of the medical charge recovered for the carrier or provider, the amount of the attorney's fee requested, and the time and place of the hearing.
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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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