Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 09 - WORKERS' COMPENSATION COMMISSION › Chapter 14.09.04 - Legal Representation and Fees › Section 14.09.04.02 - Attorney's Fee, Medical Evaluation Fee, and Costs - Application or Petition for Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for
				Attorney's Fee Not in Excess of Schedule.
(1)
				An attorney seeking approval of an attorney's fee that does not exceed the
				maximum amount set forth in Regulation .03 of this chapter, shall request
				approval of the fee by filing the claimant's consent to pay fees and costs
				form.
(2) A completed claimant's
				consent to pay fees and costs form shall:
(a)
				Be signed by the claimant;
(b)
				Include the amount of any medical evaluation fee requested to be
				approved;
(c) Include any amount of
				costs advanced by claimant's attorney for which the attorney is seeking
				payment; and
(d) Include any appeal
				fee requested under Regulation .03B(8) of this chapter.
(3) An attorney shall substantiate a request
				for a medical evaluation fee, costs, or a fee under Regulation .03 of this
				chapter by:
(a) Submitting medical bills,
				receipts, or other evidence of costs;
(b) Submitting evidence establishing that:
(i) The prior compensation award was appealed
				to the circuit court and tried on appeal;
(ii) The prior compensation award was
				appealed to an appellate court, briefed and decided on the merits;
(iii) The prior compensation award was
				appealed to the circuit court but not resolved by trial;
(iv) The prior compensation award was
				appealed to an appellate court but not briefed and decided on the merits;
				or
(v) The prior order of the
				Commission on the issue of compensability of the claim was appealed to the
				circuit court and the claim was determined to be compensable by the circuit
				court or jury.
(4) The claimant's consent to the fee is not
				binding on the Commission.
(5) An
				award by the Commission approving an attorney's fee under this regulation shall
				be notice to the party responsible for payment to reserve in escrow the amount
				of fee approved.
(6) If an appeal
				is not filed within 30 days, the party responsible for payment shall remit the
				approved fee to the attorney immediately after the expiration of the 30-day
				appeal period.
(7) If an appeal is
				filed timely, the party responsible for payment shall continue to reserve in
				escrow the amount of the fee approved by the Commission pending final
				determination of the appeal.
(8) If
				the parties agree that an appeal will not be filed, the fee may be remitted to
				the attorney before expiration of the 30-day appeal period.
(9) An attorney seeking approval of an
				attorney's fee that does not exceed the maximum amount set forth in Regulation
				.03 of this chapter shall:
(a) Accurately
				calculate the fees sought; and
(b)
				Include an itemization of all attorney's fees previously awarded by reference
				to the amount and date of the Commission's orders.
(10) Failure to comply with this regulation
				may result in the reduction or denial of the attorney's fee
				sought.