Watts v. Danville Housing Auth.
Annotate this CaseAppellant represented Claimant in a workers’ compensation case. The Chief Administrative Law Judge (CALJ) entered an interlocutory order, which resulted in Claimant receiving temporary total occupational disability benefits. The claim was later returned to the active docket, and the parties reached a settlement. Appellant subsequently filed two motions for approval of attorney fees, requesting approval of $12,000 for work performed in obtaining the lump sum payment and requesting approval of $8,369 for work performed in obtaining the benefits which Claimant recovered from the interlocutory award. The CALJ granted Appellant’s motion for $12,000 but denied the motion for $8,369 in fees, concluding that Ky. Rev. Stat. 342.320(2)(a) caps attorney fees to a total of $12,000. On appeal, Appellant argued that an interlocutory proceeding in a workers’ compensation case should be considered separate from a claim for income benefits and therefore not subject to the statutory cap on attorneys fees established in section 342.320(2)(a). The Workers’ Compensation Board and Court of Appeals affirmed. The Supreme Court affirmed, holding that the attorney fee for the entire proceeding in this matter was subject to the statutory maximum of $12,000 under section 342.320(2)(a).
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