TTH attorneys Caroline Gentilcore and John Morgan recently prevailed in appealing and reversing a WCJ’s Section 440(a) fee award. The underlying litigation concluded in a favorable closed period of benefits with a termination. However, the WCJ initially awarded attorney’s fees over and above the award. Caroline and John appealed, arguing that under Section 440(b), the WCJ had failed to offer any justification for the attorney’s fee awarded. The Board agreed, vacating the order and remanding for a new decision. Caroline and John then argued to the WCJ that there was no evidence of the time and effort actually expended in this relatively straightforward claim to justify any attorney’s fee. Moreover, the claimant and his attorney had contractually agreed that the attorneys fee would be deducted from any benefits the claimant received. The WCJ agreed and reversed herself, awarding no Section 440(a) fees at all.

Questions about this case can be directed to Caroline Gentilcore at 267.861.7596 or cgentilcore@tthlaw.com or John Morgan at 267.861.7580 or jmorgan@tthlaw.com.