erage weekly wage.
(b)Special Cases. The Commission may approve an attorney’s fee in an amount not exceeding 13 times the State average weekly wage in a case in which com- pensability is not an issue and an award of compensation is made for permanent total dis- ability established either pursuant to: (i) Labor and Employment Ar- ticle, §9-636(b), Annotated Code of Maryland, for the loss of two or more scheduled members; or
(ii)The stipulation on the extent of disability.
(5)Temporary Total and Temporary Partial Disability. The Commission may not approve an attorney’s fee in a case in which final award of compensation is made for tempo- rary total or temporary partial disability or temporary total disabil- ity paid while a claimant is receiving vocational rehabilitation services unless the claimant’s right to the compensation is contested and the issue is resolved by evidentiary hear- ing or by stipulation. In such a contested case, the fee may be in an amount not exceeding 10 per- cent of the compensation that has accrued as of the date of the award.
(6)Dependency Claims. (a) In a case involving a claim of de- pendency, if compensability is not contested, but the extent of dependency, partial or total, or the identity of a dependent, or both is contested, the Commis- sion may approve a total attorney’s fee for attorneys rep- resenting all dependents in an amount not exceeding five times the State average weekly wage in a case of partial dependency and not exceeding 12 times the State average weekly wage in a case of total dependency.
(b)In a case involving a claim of dependency, if neither compens- ability nor dependency is contested and a record is being made solely to determine to whom payments of compen- sation shall be made, the Commission may approve an attorney’s fee in an amount not exceeding two times the State average weekly wage.
(c) In a case involving a claim of de- pendency, if compensability and dependency are contested, the
Summer 2003
Commission may approve an attorney’s fee in an amount cal- culated under §B(3)(a) in a case of partial dependency and cal- culated under §B(4)(a) in a case of total dependency.
(7)Settlement Agreements. Notwith- standing a case of a structured settlement of a claim, in a case in which an agreement for final com- promise and settlement is approved, the Commission may approve an attorney’s fee in a total amount not exceeding $7,500 and computed as follows: (a)Up to 20 percent of the first $10,000 of compensation awarded;
(b)Up to 15 percent of the next $15,000 of compensation awarded;
(c)Up to 10 percent of the com- pensation awarded in excess of $25,000.
(8)Increase in Last Award of Compen- sation for Permanent Partial Disability. (a)Except as otherwise provided in §B(8)(b) of this regulation, in a case in which the Commission increases the last award of com- pensation for permanent partial disability upon which an
attorney’s fee was previously ap- proved, the Commission may approve an additional attorney’s fee in an amount not exceeding the difference between the fee approved for all prior awards and the fee computed under §B(3) or (4)(a), as the case may be, of this regulation on the in- creased award.
(b)In a case in which the Commis- sion increases the last award of compensation for permanent partial disability upon which the attorney or attorneys were pre- viously awarded the maximum fee permitted under §B(3) of this regulation, the Commission may approve an additional attorney’s fee in an amount up to 5 percent of the difference between the prior awards of compensation and the increased award of compensation, but not exceeding five times the State average weekly wage.
(9) Appeals. (a) When a compensation award of the Commission is appealed to a circuit court and the case is tried on appeal, the Commis-
(Continued on page 30) ECONOMIC ANALYSIS Lost Income Determination for:
Contract Disputes Bankruptcies
Personal Injuries Wrongful Death
Valuation of Businesses, Securities and
Pension Funds for Divorce and Business Cases. University Professor with Extensive Experience
DR. RICHARD B. EDELMAN 8515 Whittier Boulevard Bethesda, Maryland 20817
301-469-9575 1-800-257-8626
ab Trial Reporter
References and Vita on Your Request Visit at
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WWW.ECONOMIC-ANALYSIS.COM 27
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