Mich. Admin. Code R. 408.44 - Attorney fees
Rule 14.
(1) The
limitation in this rule as to fees applies to plaintiff's attorneys, including
combined charges of attorneys who combine their efforts toward the enforcement
or collection of any compensation claim.
(2) Reasonable expenses, as used in this
rule, include all of the following:
(a) Fees
for reports and depositions of doctors, vocational experts, and other experts
incurred in the prosecution of the claim.
(b) Medical examination fees and witness
fees.
(c) Any other medical witness
fee, including the cost of a subpoena.
(d) Costs of subpoenas, and costs to obtain
and copy medical and other records.
(e) The costs of court reporter services,
transcripts, subpoena enforcement fees, and certified copies.
(f) Costs of travel to depose medical and
vocational witnesses.
(g) Appeal
costs.
(h) Other costs or expenses,
or both, determined by a magistrate to be reasonable for the prosecution of the
claim.
(3) In computing
the fee, the total settlement includes all sums paid, or to be paid, to satisfy
lienholders, purchase annuities, and fund medical care set-aside
accounts.
(4) In a case where
benefits are being voluntarily paid at time of redemption, and no application
for mediation or hearing (WC-104a) is pending, the magistrate may approve an
attorney fee of 15%, or less if requested by the attorney, of the balance
recovered for, or for the benefit of, the plaintiff as provided in section
858(2) of the act, MCL 418.858.
(5)
In a case tried to completion with proofs closed or compensation voluntarily
paid after an application for mediation or hearing is filed, an attorney,
before computing the fee, shall deduct from the accrued compensation the
reasonable expenses incurred on plaintiff's behalf as defined in subrule (2) of
this rule. The magistrate may approve an attorney fee of 30%, or less if
requested by the attorney, of the balance recovered for, or for the benefit of,
the plaintiff as provided in section 858(2) of the act, MCL 418.858.
(6) In a case involving a redemption of
liability, where a form (WC-104a) is pending, the attorney, before computing
the fee, shall deduct the reasonable expenses incurred on plaintiff's behalf
from the total settlement. The fee that the magistrate may approve is as
follows, or less if requested by the attorney:
(a) Cases alleging dates of injury before
September 1, 1965, are subject to the rule as to attorney fees in effect before
September 1, 1965.
(b)
Cases alleging dates of injury between September 1, 1965, and the effective
date of this amendment are subject to the rule in effect on the date of
injury.
(c) Cases alleging dates of
injury after the effective date of this amendment may be subject to attorney
fees of all of the following:
(i) Twenty
percent of the first $100,000.
(ii)
Fifteen percent of any amount more than $100,000.
(7) In a case tried to completion
with proofs closed but before a final order, after which there is a redemption
of liability, the attorney, before computing the fee, shall deduct the
reasonable expenses incurred on plaintiff's behalf as defined in subrule (2) of
this rule from the total settlement. The total settlement in such redemptions
includes the gross amounts of any partial payments made under section 862 of
the act, MCL 418.862, if the redemption specifically includes a waiver of the
right of reimbursement of such amounts from either the plaintiff or the second
injury fund. The magistrate may approve an attorney fee of 20% of the balance,
or less if requested by the attorney.
(8) A group disability or hospitalization
insurance company that enforces an assignment given to it as provided in the
act shall pay a part of the fee of the attorney who secured the compensation
recovery in the same proportion that the group insurance company payments bear
to the total compensation recovery upon which the attorney's fee is
based.
(9) In the computation of
attorney fees in a case decided by the workers' compensation appellate
commission, the fee must be assessed on not more than 104 weeks of the period
the matter was pending before the commission. All other weekly benefits due and
owing for the period of appeal must be fully paid to the plaintiff. The
limitation of fee applies only to weekly compensation.
(10) Nothing in this rule precludes an award
of attorney fees under section 315 of the act, MCL 418.315.
(11) If agreed upon by the plaintiff,
survivor, party in interest or dependents in writing, the fees specified in
this rule may apply to cases with earlier dates of injury.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.