A Well Deserved Raise by Robert J. Zarbin, Chair MTLA Workers’ Compensation Section


Robert J. Zarbin (Saiontz, Kirk & Miles, Baltimore, MD) received his J.D. from Loyola University School of Law. He is a member of the Maryland Trial Lawyers Association (MTLA) and its President’s Club as a Contributor and serves as Vice Chair of the Legislative Committee. Mr. Zarbin is also Chair of MTLA’s Workers’ Compensation Section. He is a member of the Bar Association of Baltimore City, the Baltimore County Bar Association and the Association of Trial Lawyers of America. His practice concentrates in personal injury, product liability, and workers’ compensation.


One of MTLA’s legislative/governmen- tal highlights for the last session was in the field of workers’ compensation. Af- ter many months of work I am pleased to announce that the attorney’s fee schedule for workers’ compensation claims has been modified and this means an increase in attorney’s fees. These fees had not been changed since 1987. Similar to the old fee schedule, the new


attorney’s fee schedule is based on a gradu- ated scale. Comar Title 14 Subtitle 09 Chapter 01 Section 25 has been modi- fied and became effective on March 17, 2003 for all cases not yet adjudicated. This means that any case, regardless of the date of accident, that has not been adju- dicated will come under the new fee regulations. These claims include those for reopening/worsening of condition pursuant to Ann. Code L&E Art. § 9- 736.1


The new fee schedule is based upon 1


For example, if your client received an Award prior to March 17, 2003 for a permanent partial disability of 50% under “other cases” for his accidental injury, the maximum attorney’s fee allowed was $7500.00. If you petition to reopen the claim under §9-736, and the Commission increases the disabil- ity, your fee will be based on the new fee statute and you will receive the difference between the amount which was previously awarded and that amount which is now al- lowed pursuant to the new fee schedule


B. Schedule of Fees. (1)Final Award—Definition. For the purpose of this section, “final award” means the award of com- pensation determined by the Commission after exhaustion of all applicable appeals, regardless of whether the award is increased or decreased as a result of any appeal.


2


These exceptions included petitioning the Commission for a fee that exceeded the maxi- mum amount based upon extraordinary cir- cumstances.


the claimant’s average weekly wage and the benefits awarded. With certain ex- ceptions, the old fee guide allowed for an attorney’s fee up to $7500.00.2


The new


fee guide allows for a fee up to “20 times the state average weekly wage.” As of 2003, the state average weekly wage equals $722.00 and 20 times this amount equals $14,440.00. This fee also applies to per- manent total disability cases. Written in this fashion, the statute will not need to be amended in future years because as the state average weekly wage increases so will the attorney’s fees. The new fee statute reads as follows: 14.09.01.25


.25 Schedule of Attorneys’ Fees.


A. The Commission shall approve attor- neys’ fees in accordance with the schedule of fees established from time to time by the Commission and set forth in §B.


(2)Fee in Excess of Limits. The Com- mission may approve an attorney’s fee in excess of the limits set forth in this section only if exceptional circumstances are shown.


(3)Permanent Partial Disability. (a)General. Except as otherwise provided in §B(3)(b), in a case in which a final award of com- pensation is made for permanent partial disability, the Commission may approve an attorney’s fee in a total amount not exceeding 20 times the State average weekly wage and com- puted as follows: (i) Up to 20 percent of the amount due for the first 75 weeks of an award of com- pensation awarded;


(ii) Up to 15 percent of the amount due for the next 120 weeks of an award of compensation; and


(iii)Up to 10 percent of the amount due for an award of compensation in excess of 195 weeks.


(b) Disability Due to Amputation or Loss of Vision. In a case in which a final award of compen- sation is made for permanent partial disability due to the am- putation of an arm, leg, hand, or foot, or total loss of vision in one eye, and the sole issue be- fore the Commission is the nature and extent of disability, the Commission may approve an attorney’s fee in an amount up to 5 percent of the compen- sation awarded, but not exceeding 6 times the State av- erage weekly wage.


(4)Permanent Total Disability. (a)General. Except as otherwise provided in §B(4)(b), in a case in which a final award of com- pensation is made for permanent total disability, the Commission may approve an attorney’s fee in an amount not exceeding 20 times the State av-


26 Trial Reporter Summer 2003


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