By Jane Salem, staff attorney, Nashville Post-judgment, when an authorized doctor recommends surgery and the employee wants a second opinion, the second opinion is “treatment” that an employer must provide. If they don’t, they’ll be ordered to pay the employee’s attorney fees in securing an order to that effect. So held the Appeals Board recently … Continue reading Board Orders Second Opinion, Fees in Post-Judgment Case
Tag: Fees
Board Hears Arguments about Second Opinions, Fees
By Jane Salem, staff attorney, Nashville It’s not about the money. Or is it? Last Thursday, the Appeals Board held virtual oral arguments where the dollars and cents of the issues came up more than once. Specifically, the Board probed an employee’s right to a second opinion after an authorized doctor recommends surgery. Does the … Continue reading Board Hears Arguments about Second Opinions, Fees
Opinion Instructs on Fees for a Wrongful Denial
By Sarah Byrne, staff attorney, Nashville This past summer, the Appeals Board affirmed a denial of attorney’s fees on an alleged wrongful denial. It’s a cautionary tale about what can perish between expedited and compensation hearings, as “the lack of the expedited hearing transcript in the record on appeal prove[d] fatal.” In Ruggieri v. Amazon.com, … Continue reading Opinion Instructs on Fees for a Wrongful Denial
Board Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)
By Jane Salem, staff attorney, Nashville On Friday, the Appeals Board released an opinion affirming a trial Court decision that a proposed treatment is reasonable and necessary when the treating physicians, who examined the injured worker, recommended it. The employer’s reliance on a utilization review opinion saying the employee was a “suboptimal candidate” for the … Continue reading Board Affirms Opinion on Reasonable Necessity of Treatment (But Splits on Fees)
Learning from Lincoln: The Ethics of Attorney’s Fees
By Judge Allen Phillips, Jackson Before becoming our 16th President, Abraham Lincoln was a midwestern prairie lawyer. Handling a variety of cases, it is said his fees were generally in the $5 to $20 range, though he once charged a railroad $5,000 (a fee equal to over $169,000 in today’s dollars) to handle a particularly … Continue reading Learning from Lincoln: The Ethics of Attorney’s Fees
From the Bench 