New York: Failure to File Proper Paperwork Results in $1K in Attorney's Fees, Instead of $52K Requested

The New York Workers' Compensation Board acted within its discretion when it awarded counsel fees of $1,000, instead of the $52,000 requested in a memorandum of law filed with the Board, held a state appellate court. The appellate court noted that any request for counsel fees in excess of $1,000 must be accompanied by a completed OC-400.1 application form specifying the dates and description of the services rendered on behalf of the claimant, as well as the total hours expended on the case. Here, no such form was provided and the Board accordingly awarded $1,000 in fees. The court noted that the Board had broad discretion in setting fees. Given counsel's failure to comply with the Board's regulatory rules, it was within the Board's discretion to award the significantly reduced fee.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Dzielski v New York State Dept. of Corr. & Community Supervision, 2020 N.Y. App. Div. LEXIS 5669 (Oct. 8, 2020)

See generally Larson’s Workers’ Compensation Law, § 133.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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