Attorney Fees
| SECTION 13A SUBSECTIONS |
DOLLAR AMOUNT SPECIFIED |
CHANGED TO |
|---|---|---|
| (1) |
$ 700.00 $ 350.00 |
$ 1,306.81 $ 653.40 |
| (2) |
$ 1,000.00 $ 500.00 |
$ 1,866.87 $ 933.44 |
| (3) |
$ 500.00 $ 250.00 |
$ 933.44 $ 466.72 |
| (4) |
$ 700.00 $ 350.00 |
$ 1,306.81 $ 653.40 |
| (5) | $ 3,500.00 | $ 6,534.05 |
| (6) | $ 1,000.00 | $ 1,866.87 |
Explanation of Attorney Fees
The dollar amounts specified for attorney's fees are listed in MGL c.152 §13A(10). As of October 1, 2023 subsections 1 through 6 were updated to reflect adjustments to the State Average Weekly Wage. Below is a summary of the attorney's fee schedule.
(1) When an insurer refuses to pay compensation within 21 days of an initial liability claim, but prior to a conference agrees to pay the claim (with or without prejudice), the insurer must pay an attorney's fee of $ 1,306.81 plus necessary expenses. If the employee's attorney fails to appear at a scheduled conciliation, the amount paid is $ 653.40.
(2) When an insurer contests a liability claim and is ordered to pay by an administrative judge at conference, the insurer must pay the employee's attorney a fee of $ 1,866.87. The administrative judge can increase or decrease this fee based on the complexity of a case and the amount of work an attorney puts in. If the employee's attorney fails to appear at a scheduled conciliation, the fee may be reduced to $ 933.44.
(3) When an insurer contests a claim for benefits other than the initial liability claim as in subsection (1) and fails to pay compensation within 21 days yet agrees to pay the compensation due, prior to conference, the insurer must pay the employee's attorney fee in the amount of $ 933.44 plus necessary expenses. This fee can be reduced to $ 466.72 if the employee's attorney fails to appear at a scheduled conciliation.
(4) When an insurer contests a claim for benefits or files a complaint to reduce or discontinue benefits by refusing to pay compensation within 21 days, and the order of the administrative judge after a conference reflects the written offer submitted by the claimant (or conciliator on the claimant's behalf), the insurer must pay the employee's attorney a fee of $ 1,306.81 plus necessary expenses. If the order reflects the written offer of the insurer, no attorney fee should be paid. If the order reflects an amount different from both submissions, the fee should be in the amount of $ 653.40 plus necessary expenses. Any fee should be reduced in half if the employee's attorney fails to show up to a scheduled conciliation.
(5) When the insurer files a complaint or contests a claim and then either a) accepts the employee's claim or withdraws its own complaint within 5 days of a hearing, or b) the employee prevails at a hearing, the insurer shall pay a fee to the employee's attorney in the amount of $ 6,534.05 plus necessary expenses. An administrative judge may increase or decrease this amount based on the complexity of the case and the amount of work an attorney puts in.
(6) When the insurer appeals the decision of an administrative judge and the employee prevails in the decision of the Reviewing Board, the insurer must pay a fee to the employee's attorney in the amount of $ 1,866.87 an administrative judge may increase or decrease this amount based on the complexity of the case and the amount of work an attorney puts in.