Opinion
Record No. 1748-92-3
January 12, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Joseph J. Steffen, Jr., pro se, on brief).
No brief for appellee.
Present: Judges Benton, Coleman and Willis
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
Joseph J. Steffen, Jr., counsel for Camela Gibson, contends that the commission erred in failing to award him attorney's fees in the amount of $948.00, an amount agreed to by Ms. Gibson which constitutes a fifteen percent contingency fee. Upon reviewing the record and opening brief, we conclude that this appeal is without merit. Accordingly, we affirm the decision of the Workers' Compensation Commission. Rule 5A:27.
"Code § 65.1-102 [now Code § 65.2-714] provides that the fees of attorneys shall be subject to the approval and award of the Commission." Hudock v. Industrial Comm'n, 1 Va. App. 474, 477, 340 S.E.2d 168, 171 (1986). In affirming the fee set by the deputy commissioner, the commission stated that it "does not use a fee schedule or percentage factor but rather considers the time consumed, the efforts expended, the nature of services and the result obtained." Applying these factors, the commission awarded Steffen attorney's fees in the amount of $200.00.
The record reveals that Steffen expended 1.85 hours meeting with his client, filing an application with the commission for benefits, and negotiating with the insurance company. The matter was resolved in a relatively short period of time and did not require a hearing. Although Steffen obtained a favorable result for his client, the issue was not complex. The commission did not abuse its discretion in fixing Steffen's fee.
Affirmed.