Attorney's Fee Awarded Following Denial of Modification

The Board rules that when the “claimant successfully defends his award of benefits against employer’s modification request, his counsel is entitled to an employer-paid fee.”  The claimant was receiving temporary total disability benefits before the modification request.  The ALJ denied the modification request and awarded continuing temporary total disability benefits.  Because the ALJ believed that no additional benefits were obtained, he denied an attorney’s fee.  Comparing this situation to when a claimant’s counsel successfully defends an appeal of benefits, the Board held that an employer-paid attorney’s fee was proper.

Grabbert v. Electric Boat Corp., BRB No. 13-0560 (6/4/14)