Comp board improperly modified claimants attorneys fees: Appeals court

A Pennsylvania appellate court on Tuesday said the state’s Workers’ Compensation Appeals Board erred in modifying a workers comp judge’s order granting an injured worker’s request for attorneys fees in his workers comp case.

The Pennsylvania Commonwealth Court, in Glenny Torres vs. Amazon.com Services LLC (Workers’ Compensation Appeal Board), ruled that a workers comp judge was correct to award $8,850 in plaintiffs attorney fees and that the comp board was wrong to find the award improper.

The board, hearing an appeal by Amazon, had determined that the claimant was not entitled to full attorneys fees because Amazon had submitted “conflicting evidence concerning the extent of Claimant’s disability, and [Employer’s] contest became reasonable,” the appeals ruling states.

The board then modified the attorneys fees to a lesser amount.

In reinstating the full attorneys fee award, the Commonwealth Court said that even when an employer’s contest is “reasonable,” a workers comp judge still has the authority to award a claimant attorneys fees.

The court remanded the case to the workers comp judge with instructions to issue a new attorneys fee award.

The court noted that the comp judge may or may not reach the same conclusion as before concerning fee calculation, but that he has discretion on the amount after reviewing the appellate decision.