Update Regarding the Adoption of Amendment of Workers' Compensation Law (WCL) § 24 (Attorney's Fees)
The purpose of this notification is to clarify and expand upon Subject Number 046-1572, Adoption of Amendment of Workers' Compensation Law (WCL) § 24 (Attorney's Fees) and the subsequent bulletin dated December 13, 2022, in which the Workers’ Compensation Board (Board) discussed significant changes to the way attorney’s fees will be awarded based on amendments to Workers' Compensation Law (WCL) § 24, which will go into effect January 1, 2023.
Subject Number 046-1572 noted changes to several Board forms, effective January 2, 2023, including:
Effective January 2, 2023, The RB-89 family of forms were modified to remove Question (17), which asked: “Will you be requesting an increase in attorney's fees?” and if the answer was “Yes,” advised that the attorney attach Form OC-400.1 in support of the additional fee requested. That question was eliminated because, as of January 1, 2023, WCL § 24 sets forth a formula for the award of fees, thereby strictly determining what fees may be requested and awarded.
When a claimant’s attorney files Form RB-89 or Form RB-89.2 on or after January 2, 2023, requesting an increased award, which if made would entitle them to a fee on the increased award pursuant to WCL 25(2)(b), they should submit an updated version of Form OC-400.1 with Form RB-89 or Form RB-89.2.
More Information
Questions? Email OfficeofGeneralCounsel@wcb.ny.gov.
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