Looking for a Workman's Comp Attorney in Atlanta, GA?

The Bader Law Firm represents injured workers and is dedicated to helping them obtain the best possible medical treatment and maximum compensation allowable under Georgia's Workers' Compensation Laws.

To learn more about your workers' compensation rights under Georgia law, you can visit the Questions and Answers section of our blog.  You can also speak with an experienced workers' compensation attorney by calling us at 404.917.9174 by sending us an email.

All consultations are free, and we do not collect any fees unless we help you recover cash benefits or obtain a cash settlement.

 

What are the benefits of having a workers' compensation attorney?

Georgia workers' compensation law is a complex area of the law that requires injured workers to comply with different laws and rules and usually requires injured workers to properly complete and file different forms with the State Board of Workers' Compensation. 

Because an experienced Atlanta workers' compensation attorney understands the workers' compensation laws and rules, he or she can help protect your rights and advance your best interests. 

Here is a summary of what a good workers' compensation attorney can do for you:

  • Protect and advance your legal rights
  • Get you the best medical treatment possible
  • Pursue maximum compensation for you
  • Make sure you get weekly checks on time
  • Help you with work restrictions and light-duty
  • Build your case for a hearing or settlement
  • Represent you at an evidentiary hearing
  • Negotiate the best possible settlement for you

Insurance companies know that most injured workers neither know their legal rights nor the remedies available to them.  As such, they frequently take advantage of injured workers to minimize their recovery and negotiate the lowest possible settlement with them.  An experienced workers' compensation attorney can help an injured worker prevent this from happening.

For a free consultation regarding your case, you can contact an Atlanta workers' compensation attorney at The Bader Law Firm or you can call us at 404.917.9174.  There are no attorney's fees unless we win.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

Why should I hire The Bader Law Firm?

  1. We aggressively represent each of our clients to pursue the maximum recovery of benefits available under the law.

  2. We are caring and compassionate because we know that on-the-job injuries and occupational diseases place a tremendous physical, emotional, and financial strain on injured workers and their families. 

  3. We provide personal attention to each of our clients and welcome their input and ideas regarding their cases.

  4. We make sure each of our clients understands every aspect of their case and we promptly answer and respond to any question or concern they have regarding their case.

  5. We know how an insurance company will handle a case like yours because represented insurance companies in workers' compensation cases before dedicating ourselves to representing injured workers.

  6. We only represent injured workers.

  7. We have handled workers' compensation cases involving virtually every type of on-the-job injury and occupational disease, so we understand the legal and medical issues likely to be involved in your case.

  8. We will come to you – at your home or in the hospital – if you are not able to come to us.

  9. We are dedicated to helping injured workers obtain the best possible medical care and maximum compensation available under Georgia law.

  10. We work tirelessly for every client because we would expect the same effort from any attorney that we might hire for ourselves or for a family member.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

How much will a workers' compensation attorney charge to handle my case?

Workers' compensation attorneys usually handle cases on a contingent fee basis.  This means you don't pay your attorney's fees out of pocket, but instead that your attorney receives a fee if and when he or she helps you recover benefits or a cash settlement. 

According to Workers' Compensation Board Rule 108, workers' compensation attorneys in Georgia can charge a maximum contingent fee of twenty-five percent (25%) of the total award.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.


Is my attorney required to represent me if I want to file an appeal?

In general, a workers' compensation attorney is not required to represent you if you want to file an appeal.  If your attorney agreed to represent you on appeal in your attorney fee contract, however, he or she likely is or will be required to represent you if you choose to appeal.

If your attorney is not required to represent you on appeal, we strongly recommend that you consult with another workers' compensation attorney without delay.  In addition to the substantive issues for appeal, there are certain procedural rules and time deadlines that must be satisfied in order to appeal a decision; for this reason, time is of the essence.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

 

What if I hire a workers' compensation attorney but later become dissatisfied with his or her work?

You may terminate your attorney for any reason; but if you are planning to, keep in mind that he or she likely will be entitled to recover a portion of the proceeds from your case once it is resolved.  Pursuant to Board Rule 108, your attorneys (prior and current) be allowed to recover a combined fee of more than twenty-five percent (25%) of the total award.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

Board Rule 102. Attorneys Entitled to Practice Before the Board; Reporting Requirements; Postponements; Leave of Absence, and Legal Conflicts; Conduct of Hearings; Motions and Interlocutory Orders; Discovery and Submission of Evidence; Written Responses

(A)  Practice of Law.

(1)  Attorneys Entitled to Practice before the Board: Rule 1-203 of the Rules and Regulations for the Organization and Government of the State Bar of Georgia, as now in effect or as hereinafter amended, is controlling as to the practice of law before the Board and its Administrative Law Judges.

(2)  Any ex parte communication, including electronic mail, with an Administrative Law Judge or the Board in a pending claim is prohibited.

(3)  Attorneys, not licensed in the State of Georgia, shall comply with Uniform Rule of Superior Court 4.4 addressing Admission Pro Hac Vice.

(4)  On all filings with the Board, attorneys shall place their Georgia bar number. In addition, no attorney shall submit any form that has been discontinued or altered.  A violation of this rule may result in the rejection of the filing with the Board, and/or the imposition of a civil penalty under O.C.G.A. § 34-9-18.

(5) Service upon a party or attorney of any form, document, or other correspondence shall be by electronic mail.  Whenever electronic mail is not available, service shall be by U.S. Mail.

(B)  Reporting Requirements:

(1)  The address of record of an employee shall be that address shown on the most recent document filed with the Board.

(2)  A party shall provide notice to the Board of the intent to obtain legal representation and the name of its legal representative, if any, within 21 days from the date of the hearing notice, subject to an assessment of penalties for failure to comply.

(3)  The address of record of an employer shall be the address shown on the Form WC-1, the address on file with a Licensed Rating Organization filed by the insurer on behalf of the employer, or the principal office of the employer within the State of Georgia.

(4)  Any party requesting a hearing shall furnish the correct name and current address of the employee, the employer, and the insurer/self insurer and third party administrator at the time the hearing is requested.

(5)  An attorney who represents a party other than an employee or a claimant in a contested matter must file a notice of representation on a Form WC-102B with the Board, and must serve a copy on all counsel and unrepresented parties.

(6)  An attorney who represents an employee or claimant in a contested matter shall file a fee contract as notice of representation and must serve a copy on all counsel and unrepresented parties.  The contract must be dated, conform to Rule 108, and both the attorney and the client must sign the contract.

(C)  Postponements, Leaves of Absence, and Legal Conflicts:

(1)

(a)  Postponement:  If a hearing is on a calendar for the first time, and if all parties agree to postpone it to be rescheduled, they may obtain the postponement without consulting the Administrative Law Judge before whom it is scheduled, absent prior specific instructions from the judge to the contrary.  This agreement must be communicated to the judge no later than 4:30 p.m. of the business day immediately preceding the hearing by the party who requested the hearing, or by any other party by agreement.  Otherwise and generally, a hearing shall be postponed only upon strict legal grounds, or at the discretion of the Board or an Administrative Law Judge.  For a case that has already been postponed, a second or subsequent request by counsel to postpone the case from a calendar must be made no later than 4:30 p.m. on the business day immediately before the scheduled hearing, and the request must be approved by the Administrative Law Judge.  For a case to be removed from the calendar with no reset, this notification, as with a postponement request, must be made no later than 4:30 p.m. on the business day immediately before the scheduled hearing.  If the judge determines that the case is not ready for trial at this time, the claim may be removed from the calendar, not to be reset until the parties certify that discovery is complete and the case is ready to be tried.

(b)  Whenever the pending hearing issues resolve or a case settles prior to a scheduled hearing date, the parties or attorneys shall immediately notify the Board or assigned Administrative Law Judge:

(1)  first, by telephone call; and

(2)  if so instructed by the Trial Division, by subsequent written or electronic confirmation.

(c)  Any party or attorney who fails to follow the cancellation, postponement, or rescheduling procedures as outlined above in sections (C)(1)(a) & (b), and who is unable to show good cause for such failure, may be subject to civil penalties, assessed attorney's fees, and/or costs, including but not limited to the cost of the court reporter.

(2)  Leave of absence.  In the event that an attorney wishes to obtain a leave of absence from the Board, the request should be submitted on a Form WC-102C and mailed to the Atlanta office of the State Board of Workers' Compensation or filed on-line via ICMS.  The granting of a leave of absence will not apply to cases already calendared on the date the leave is signed, and will apply only to court appearances and mediations.  In the event that leave is requested for a date already calendared, the attorney must request a postponement from the Administrative Law Judge, with permission of opposing counsel or by conference call, prior to the hearing or mediation.

(3)  For the purpose of resolving requests for continuance based upon legal conflict, Rule 17.1(B)(4) of the Uniform Rules of the Superior Courts shall apply.  A conflict letter shall be served upon opposing counsel and unrepresented parties no later than seven days prior to the date of conflict but shall not be filed with the Board unless or until such conflict letter is requested by an Administrative Law Judge or the Board.  The action which was first filed shall take precedence, subject to judicial discretion.

(D)  Motions and Interlocutory Orders Pending a Hearing:

(1) 

(a)   All motions and objections shall be made on Form WC-102D, with the exceptions of motion for reconsideration and request for a change of physician/additional medical treatment under Board Rule 200(b)(1).  Motions and objections, including briefs and exhibits, shall be limited to 50 pages, unless otherwise approved by an Administrative Law Judge or the Board.  When attaching documents as evidence to motions and objections, do not use tabs to separate documents.  Any party or attorney filing a motion or objection shall also serve a copy on all counsel and unrepresented parties, along with supporting documents, including a separate certificate of service identifying the names and addresses served.

(b)  When filing a motion for reconsideration, the parties or attorneys shall:

(1) immediately notify the Board or assigned Administrative Law Judge by telephone call;

(2)  use the ICMS doc-type labeled motion for reconsideration;

(3)  limit their motion to 20 pages, including briefs and exhibits, unless otherwise permitted by the Board or an Administrative Law Judge; and

(4)  serve a copy on all counsel and unrepresented parties, along with supporting documents, including a separate certificate of service identifying the names and addresses served.

(2)  Prior to filing a motion, including requests for documents made pursuant to Rule 102(F)(1), the moving party shall confer with the opposing party, or counsel if the party is represented, in a good-faith effort to resolve the matters involved.

(3)  A party objecting to a motion shall respond on a Form WC-102D, which must be filed with the Board within 15 days of the date of the certificate of service on the request, and shall serve a copy on all counsel and unrepresented parties.

(4)  Whenever the pending issues resolve, in whole or in part, in a motion, the parties or attorneys shall immediately notify the Board or assigned Administrative Law Judge: (1) first, by telephone call; and (2) if so instructed, by subsequent written or electronic confirmation.  Any party or attorney who fails to follow this procedure, and who is unable to show good cause for such failure, may be subject to civil penalties and/or assessed attorney's fees.

(5)  An Administrative Law Judge may issue an interlocutory order suspending or reinstating payment of weekly benefits to an employee pending an evidentiary hearing.

(6)  Where the issue is which of two or more employer/insurers is liable, the Administrative Law Judge or the Board may issue an interlocutory order directing the employer or one of the insurers to pay weekly benefits and medical expenses until the determination of liability of an insurer has been made.  Reimbursement may thereafter be ordered where appropriate.

(E)  Conduct of Hearings:

(1)  No person shall, during the course of a proceeding before an Administrative Law Judge or Director, engage in any discourteous or disruptive conduct.

(2)  Any violation of the Georgia Rules of Professional Conduct of the State Bar of Georgia may subject an attorney to the assessment of a civil penalty pursuant to O.C.G.A. § 34-9-18 and referral to the State Bar of Georgia for disciplinary action.

(3)

(a)  Prior to the commencement of a hearing, the parties shall consolidate any and all records, including but not limited to medical records, and any other documentary evidence to be admitted at a hearing in order to avoid any repetition and duplication.

(b)  All medical evidence regarding the treatment, testing or evaluation of the claimant for the accident which is the subject of the hearing should be exchanged between the parties as soon as practicable, but no later than ten days prior to the hearing, and all depositions should be completed prior to the hearing.  Failure to exchange such evidence within ten days of a hearing may, in the discretion of the Administrative Law Judge or the Board, result in:

(1)  the imposition of civil penalties,

(2)  award of assessed attorney fees,

(3)  a continuance,

(4)  award of costs,

(5)  award of witnesses fees and expenses, and/or

(6)  in limited circumstances, the exclusion of evidence at the hearing.

(c)  If the amount of the average weekly wage is in dispute, counsel shall exchange written contentions with respect to their methods of calculation at least ten days prior to the hearing, and shall present the written contentions to the Administrative Law Judge at the commencement of the hearing.

(d)  If accompanied by an affidavit, a written laboratory test result report is admissible into evidence for purposes of authenticity only. Any other evidentiary objections can be raised by the parties in motions or at evidentiary hearings.

(e)  Any challenge to the testimony of an expert under O.C.G.A. § 24-9-67.1 shall be made not later than 15 days prior to the hearing. Failure to raise a timely challenge shall result in waiver of the challenge unless otherwise agreed to by the attorneys and the Administrative Law Judge.

(4)  Parties may be allowed to make arguments either by the filing of briefs within the time set by the Administrative Law Judge at the hearing, by oral argument at the conclusion of the presentation of evidence at the hearing, or both.  Oral argument shall be limited to five minutes for each party.  Briefs shall be limited to 30 pages, unless otherwise approved by an administrative law judge or the Board.

(5)  It is the policy of the Board to encourage the parties to close the record at the conclusion of the hearing.  The parties are expected to make diligent efforts to present all the evidence at the hearing, without the need for the record to remain open.

(6)  Hearing Transcript: Any Administrative Law Judge is authorized to relieve the court reporter of the duty of transcribing the record of proceedings.  The record shall be transcribed and submitted to the Board or the superior court if there is an application for review of an appeal.  The appellant shall serve a copy of the application for review or appeal on the court reporter at the same time it is served on all other persons.

(7)  Notices of hearing may be sent by electronic mail to the parties and attorneys of record.  Whenever electronic transmission is not available, a notice of hearing will be sent by U.S. Mail.

(F)  Discovery and Submission of Evidence:

(1)  Prior or subsequent to a request for hearing being filed in a claim, the parties shall be entitled to receive from each other without cost the documents specified in Form WC-102.  These documents shall be provided within 30 days of the date of the certificate of service, subject to an assessment of penalties for failure to comply. Neither the request nor response shall be filed with the Board.

(2)  Discovery filed pursuant to the Civil Practice Act shall only be permitted after a hearing has been requested in the claim, or as otherwise specified in these rules.

(3)  Discovery documents, including but not limited to depositions, interrogatories, and notices to produce, shall not be filed with the Board until such time as they are tendered in evidence in a proceeding before the Board.  Correspondence between the parties shall not be filed with the Board.

(4)  All documents, transcripts, exhibits, and other papers filed with the State Board of Workers' Compensation shall be submitted on 8- 1/2 by 11 inch paper only.  Sufficient space shall be left at the top of all documents (at least one and one-half inches) so that all information will remain readable after the documents have been filed.  Copies of items offered in evidence at a hearing must be properly identified and tendered to opposing parties at the hearing.  When submitting any documents as evidence, do not use tabs to separate documents.

(G)  Written Responses: The filing of all written responses will be governed in accordance with O.C.G.A. § 9-11-6(e).

To return to the Workers' Compensation Rules Index, click on the "Rule" Button.

Board Rule 103. Appeals to the Appellate Division

(a)  The time for application for review commences on the date shown on the notice of award and is computed as in paragraph (3) of subsection (d) of O.C.G.A. § 1-3-1.

(b)  Appearance before the Appellate Division shall be by brief only unless a request for oral argument is made at the time the application for review is filed by appeal or cross appeal.  Within 10 days from the date of the certificate of service on the application for review, the appellee or cross appellee may request oral argument.  Oral argument shall be limited to five minutes for each party.

(1)  Any party applying for review shall serve a copy of the application for review and enumerations of errors allegedly made by the Administrative Law Judge upon all opposing parties.  Failure to file enumerations of error with the Board may result in the dismissal of the appeal or cross appeal.

(2)  The party requesting review shall have 20 days from the date shown on the certificate of service of the application for review in which to file a brief.  The party requesting the review shall certify that a copy of the brief was served in person or by mail to all opposing parties on the date the brief is submitted to the Board.  Opposing parties shall then have 20 days from the date of appellant's or cross appellant's certificate of service to file reply briefs with the Board.  Briefs not filed in conformity with this rule will not be accepted except by permission of the Board.

(3)  Notices of Oral Argument, and other correspondence, will be sent by electronic mail and only to attorneys of record.  Whenever electronic transmission is not available, a Notice of Oral Argument, or other correspondence, shall be sent by mail.

(4)  Briefs shall generally follow the format required by the appellate courts.  Only the original of the brief is required to be filed with the Board. Briefs shall be limited to 20 pages, unless otherwise approved by the Board.

(5)  Where a case has been scheduled on a calendar for oral argument, no more than one postponement will be granted to reschedule the argument.  If the argument cannot be made within that time, the claim may be reviewed on briefs only.

(6)  Any party scheduled for oral argument shall notify the Appellate Division no later than 4:30 the day before the scheduled appearance if they do not intend to appear.

(7)  Amicus curiae briefs may be filed without permission any time before a decision is issued.  The amicus brief shall disclose the identity and interest of the person or group on whose behalf the brief is filed.

(8)  In a pending appeal before the Appellate Division, whenever the issues resolve, in whole or in part, or a case settles, the parties or attorneys shall immediately notify the Court Clerk of the Appellate Division: (1) first, by telephone call; and (2) if so instructed by the Appellate Division, by subsequent written or electronic confirmation. Any party or attorney who fails to follow this procedure, and who is unable to show good cause for such failure, may be subject to civil penalties, assessed attorney's fees, and/or costs.

(9)  When filing a motion for reconsideration, the parties or attorneys shall:
(1)  immediately notify the Court Clerk of the Appellate Division or the Board by telephone call;

(2)  use the ICMS doc-type labeled motion for reconsideration;

(3)  limit their motion to 20 pages, including briefs and exhibits, unless otherwise permitted by the Court Clerk or the Board; and

(4)  serve a copy on all counsel and unrepresented parties, along with supporting documents, including a separate certificate of service identifying the names and addresses served.

(c)  The Board will apply the law of Georgia regarding the tenure and character of newly discovered evidence required for the granting of a new trial.

(d)  The Board will not accept an application for review of an interlocutory order unless the Administrative Law Judge, in the exercise of his or her discretion, certifies that the order or decision is of such importance to the case that immediate review should be had. In the event the Administrative Law Judge certifies his or her interlocutory order for immediate review, in order for the Appellate Division to have jurisdiction under O.C.G.A. 34-9-103(a), a party must file an application for review with the Appellate Division within twenty days of the date of the original interlocutory order.

(e)  No person appearing before the Appellate Division shall engage in any undignified or discourteous conduct.

(f)  Upon determining that an appeal has been prosecuted without reasonable grounds, the Appellate Division shall have the authority to assess penalties and attorneys' fees against the offending party.

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Board Rule 108. Attorney's Fees

The attorney's fee shall not exceed 400 weeks of income benefits and may be terminated or suspended sooner as provided by law or at the Board's discretion. The Board may, in its discretion, approve an attorney’s fee for a period of greater than 400 weeks so long as the attorney fee is not in excess of 25% of the claimant’s weekly benefits.

(a)  Attorney fee contracts.  Immediately upon being employed by an employee or claimant in a matter which is before the Board, the attorney shall file a contract of employment and fees with the Board. This contract shall include the following attorney typed information: (1) name, (2) bar number, (3) firm name, (4) address, (5) phone number, (6) fax number, (7) email address, and (8) Board claim number.  If the Board claim number is not known, this contract shall include the employee's first name, last name, social security number, and date of injury.  Finally, all contracts shall include the employee's name and address.  This contract shall be dated, and shall be signed by both the attorney and the client, and shall include the following statement with respect to an accident occurring on or after July 1, 1992:

This contract is subject to the approval of the State Board of Workers' Compensation, and no fee of more than $100.00 shall be paid under the contract unless approved by the Board. No contract shall be filed with the Board which provides for a fee greater than 25 percent of the recovery of weekly benefits.  Any contract with these terms, absent compelling evidence to the contrary, shall be deemed to represent the reasonable fee of the attorney.

With respect to an accident occurring before July 1, 1992, the contract shall include the following statement:

This contract is subject to the approval of the State Board of Workers' Compensation, and no fee of more than $100.00 shall be paid under the contract unless approved by the Board.  No contract concerning an accident occurring before July 1, 1992, shall be filed with the Board which provides for a fee greater than 25 percent of the recovery of weekly benefits without a hearing, 30 percent of the recovery of weekly benefits with extensive discovery preparatory for a hearing, and 33-1/3 percent of the recovery of weekly benefits after a hearing.  Any contract with these terms, absent compelling evidence to the contrary, shall be deemed to represent the reasonable fee of the attorney.

An attorney who requests approval of his or her fee contract when there is no pending litigation shall file with the Board Form WC-108a.  When an attorney requests approval of his or her fee contract after a hearing notice has been issued and after the dispute has been resolved, that attorney shall file Form WC-108a with the Administrative Law Judge who issued the hearing notice.

(b)

(1) The value of the services of the attorney may be agreed upon by the parties subject to approval of the Board.

(2) Any offer to make payment if the party waives a claim for attorney's fees under paragraph (2) or (3) of subsection (b) of O.C.G.A. § 34-9-108, or any agreement to waive a claim for attorney's fees as a condition to payment of income or medical benefits, where the only consideration for such waiver is the commencement of income or medical benefits, shall be void ab initio.

(3) No party shall be required to pay an attorney for services for which the fee was assessed against the opposing party. The Board, if deemed appropriate, may approve an attorney's fee which combines fees assessed against an opposing party and fees paid pursuant to approval of an attorney fee contract, provided that the claimant receives a credit for the assessed fee.

(4) An attorney advertising to render services to a potential workers' compensation claimant must intend to render said services and shall not divide a fee with another attorney who is not a partner in or associate of his or her law firm unless:

1. The client consents to associating the other attorney after full disclosure that the fee will be divided; and,

2. The fee division is made in direct proportion to the services and responsibility performed and assumed by each attorney; and,

3. The total fee of the attorneys shall not exceed a reasonable fee for the claim.  No party shall be required to pay for the services of an attorney who violates the provisions of O.C.G.A. § 34-9-108(c).

(5)  Upon assessing attorney's fees, costs may be assessed against the offending party which are payable to the Board in an amount not less than $250.00.  The Administrative Law Judge may assess higher costs based on the length of the hearing, time traveled, and time lost from other duties.  In any case where a determination is made that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the Administrative Law Judge or the Board may, in addition to assessed attorney's fees, award to the adverse party reasonable litigation expenses, in whole or in part, against the offending party.  Reasonable litigation expenses under this subsection are limited to witness fees and mileage pursuant to O.C.G.A. § 24-10-24; reasonable expert witness fees (subject to the Fee Schedule, where applicable); reasonable deposition costs; and the cost of the hearing transcript.

(6)  When requesting payment of attorney's fees at a hearing pursuant to O.C.G.A. § 34-9-108, the party making the request shall be required to demonstrate the reasonableness of the attorney's fees requested by placing into the record expert testimony as to the value of services rendered.  Counsel may testify personally or in affidavit form at the hearing, subject to cross-examination, as to expert status and the reasonable value of the services rendered in order to meet this requirement.  No attorney's fees will be awarded pursuant to O.C.G.A. § 34-9-108 absent this evidence being placed in the record.

(7)  When the parties agree to an assessment of attorney's fees the attorney who is to receive the assessed fee shall file with the Board Form WC-108a, serve a copy on all parties or their counsel, and sign the certificate of service on the form.

(8) An attorney shall not receive an attorney's fee on any medical treatment or expenses obtained for an employee, unless such fee is assessed under O.C.G.A. § 34-9-108(b)(1).

(c) Solicitation of Services. See O.C.G.A. §§ 34-9-22, 34-9-30, 34-9-31 and 34-9-32.

(d) An attorney who has made an appearance by filing Form WC-14 or by filing a fee contract and who wishes to withdraw as counsel for any party therein, shall file a Form WC-108b with the Board.

(e) An attorney of record who chooses to file a lien for services must do so by filing written notice of the contended value of such services with the Board on Form WC-108b within 20 days after (i) withdrawal from the case, or (ii) notice of termination of the contract in writing by the client. The attorney of record filing a lien shall serve a copy of Form WC-108b on all unrepresented parties and counsel. Failure to attach supporting documentation will result in the lien being denied. If the Board includes the issue of approval of the fee lien for determination at a hearing or mediation, and the attorney who filed the lien fails to appear and present evidence in support of the lien, then it shall be void. If all parties agree to resolution of a fee lien request prior to the initiation of litigation, then one of them must file with the Board Form WC-108b. Failure to perfect a lien in this manner will be considered a waiver of further attorneys' fees.

(f) No attorney shall charge to any client as an expense of litigation any portion of any referral fee or membership charged by any lawyer referral service, or nonspecific office costs.

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Board Rule 61(b)(12). Form WC-15. Attorney Certification for No-Liability Stipulated Settlements

Must be attached to all no-liability stipulated settlements.

  • Form WC-15/Attorney Certification for No-Liability Stipulation Settlements

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Board Rule 61(b)(19). Form WC-102B. Notice of Representation by an attorney for an employer, insurer, or party-at-interest

A claimant's attorney shall file a by filing their attorney fee contract in compliance with Board Rule 108.

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Board Rule 61(b)(20). Form WC-102C. Attorney Leave of Absence

An attorney who is counsel of record, and wishes to obtain a Leave of Absence, must file this form with the Atlanta office of the Board.  If granted, the leave will cover all cases for which the attorney is counsel of record which are not calendared on the date of approval.

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Board Rule 61(b)(23). Form WC-108a. Attorney Fee Approval

An attorney shall file this form in order to request approval of a fee contract, an assessed fee by consent, and for resolution of a fee lien dispute by consent, when there is no pending litigation, and shall serve a copy on all counsel and unrepresented parties.

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Board Rule 61(b)(24). Form WC-108b. Attorney Withdrawal/Attorney Fee Lien

An attorney who wishes to withdraw must file this form and follow the procedure set out in Rule 108(b).  An attorney of record who chooses to file a lien for services and/or request for reimbursement of expenses after withdrawal from representation or after services are terminated, in writing, by a client, shall file this form with supporting documentation, and serve a copy on all counsel and unrepresented parties.

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O.C.G.A. § 34-9-367. Liability of fund for interest or attorney's fees

The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney's fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim for reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney's fees as provided under subsection (b) of Code Section 34-9-108.

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O.C.G.A. § 34-9-380. Purpose of article

It is the purpose of this article through the establishment of a guaranty trust fund to provide for the continuation of workers' compensation benefits due and unpaid, excluding penalties, fines, and attorneys' fees, when a self-insured employer becomes insolvent.

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