Opinion
Argued October 31, 1975
November 18, 1975.
Workmen's compensation — Attorney fees — Reduction of attorney fee by workmen's compensation authorities.
1. The fee of an attorney for a claimant in a workmen's compensation case, which does not exceed twenty per cent of the recovery and which was agreed upon by the claimant and his attorney, cannot be reduced by workmen's compensation authorities. [7-8]
Argued October 31, 1975, before Judges WILKINSON, JR., ROGERS and BLATT, sitting as a panel of three.
Appeal, No. 626 C.D. 1975, from the Order of the Workmen's Compensation Appeal Board in case of Larry R. Dowling v. Crucible, Inc., No. A-61962.
Petition with Department of Labor and Industry to modify workmen's compensation agreement. Additional compensation awarded and attorney fee set. Petitioner appealed to the Workmen's Compensation Appeal Board. Attorney fee order modified. Petitioner appealed to the Commonwealth Court of Pennsylvania. Held: Reversed. Requested attorney fee granted.
Philip D. Freedman, with him Caldwell, Clouser Kearns, William G. Boyle, and Meyer, Unkovic Scott, for appellant.
James N. Diefenderfer, for appellees.
We have no doubt that had the Workmen's Compensation Appeal Board had the benefit of Judge MENCER's decision, filed August 6, 1975, in Workmen's Compensation Appeal Board v. Leuschen, 21 Pa. Commw. 39, 342 A.2d 810 (1975), when it decided this case on April 10, 1975, we would not have it here before us today. The only question involved is whether the referee or the Board can reduce an attorney's fee when it has been agreed upon by the client and does not exceed twenty per centum (20%). This question was put to rest by Leuschen, supra. The fee must be approved under such circumstances.
Accordingly, we enter the following
ORDER
NOW, November 18, 1975, the order of the Workmen's Compensation Appeal Board is reversed and set aside, and the claimant's requested attorney's fee in the amount of $5,500.00, being 20% of the amount awarded, as agreed upon between the parties, is affirmed.