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High Court Unanimously Upholds Constitutionality of Cap on Attorney Fees for Treatment Disputes

By WorkCompCentral

Friday, October 13, 2017 | 468 | 0 | 0 min read

The West Virginia Supreme Court unanimously upheld the constitutionality of the state’s statutory cap on attorney fees for successful protests of medical treatment denials. Case: Bandy v. Murray American Energy, No. 16-1165, 10/01/2017, published. Facts and procedural history: In January 2016, a claims administrator denied authorization for psychotherapy for Thomas Bandy. The Office of Judges reversed the claims administrator's decision last May, and the Board of Review affirmed the OOJ decision last August. After the BOR issued its decision, Bandy filed a petition for a...

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