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Attorney Becomes Indispensable Party to Appeal if Worker Challenges Fee Award

Friday, May 15, 2026 | 0

The Kentucky Supreme Court ruled that if a worker is challenging a fee award to his attorney, the attorney is a necessary party to an appeal of the award, but the failure to name the attorney as a party is not a fatal jurisdictional defect. Case: Porter v. Axelon Inc., No. 2025-SC-0233-WC, 04/23/2026, unpublished. Facts and procedural history: Kelly Porter worked for Axelon Inc. He suffered a work-related injury in 2017, and a workers’ compensation judge issued an award of benefits. The Workers’ Compensation Board affirmed and remanded to the ALJ for consideration of a statutory...

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