Claimants' Attorneys Can Get Enhanced Fee Awards for Commission Appeals

The Alaska Supreme Court ruled that the state Workers' Compensation Act authorizes enhanced awards for work before the Workers' Compensation Appeals Commission as a means of accounting for the contingent nature of representing claimants. Attorney David Graham represented Sandra Rusch and Brenda Dockter in separate proceedings against the same employer before the Alaska Workers' Compensation Board. After litigation, the parties settled most issues with the assistance of a board mediator, but they were unable to resolve the fees that the employer would pay for Graham’s work. ...