March 27th, 2009
Petitioner seeks Declaratory Relief to obtain a judicial determination as to whether West Virginia Code §23-5-16 permits a twenty percent contingency fee to be awarded upon: (1) the settlement of medical benefits in a workers' compensation claim; and (2) additional permanent total disability benefits awarded for an earlier onset date as a result of litigation or appeals on behalf of a claimant for the statutory maximum period of 208 weeks per award. The Kanawha County Circuit Court granted summary judgment in favor of the Insurance Commissioner and found that the Code does not permit a twenty percent contingency fee.
