Form OC-400.1 now required for all attorney’s fee requests

The Workers’ Compensation Board (Board) now requires the filing of an Application for a Fee by Claimant’s Attorney or Licensed Representative (Form OC-400.1) for all attorney’s fee requests. Workers’ Compensation Law (WCL) § 24 and 12 NYCRR 300.17(c) require the filing of a written fee application when a fee in excess of $1,000 is requested. 12 NYCRR 300.17(c) however, provides the Board with the discretion to require a written fee application when a fee of $1,000 or less is requested. 

The only exception to the requirement of the filing of a written fee application is when an attorney or licensed representative makes an oral fee request of $1,000 or less at a hearing. In this instance, an attorney or licensed representative is required by 12 NYCRR 300.17(c) to state on the record the calculation used to determine the fee and certify that the amount is in accordance with WCL § 24(2)(a-f).  

Questions?

Email OfficeofGeneralCounsel@wcb.ny.gov with questions.