Section R. 408.44 - Attorney feesRule 14.
(1) The limitation in this rule as to fees applies to plaintiff's attorneys, including combined charges of attorneys who combine their efforts toward the enforcement or collection of any compensation claim.(2) Reasonable expenses, as used in this rule, include all of the following:(a) Fees for reports and depositions of doctors, vocational experts, and other experts incurred in the prosecution of the claim.(b) Medical examination fees and witness fees.(c) Any other medical witness fee, including the cost of a subpoena.(d) Costs of subpoenas, and costs to obtain and copy medical and other records.(e) The costs of court reporter services, transcripts, subpoena enforcement fees, and certified copies.(f) Costs of travel to depose medical and vocational witnesses.(h) Other costs or expenses, or both, determined by a magistrate to be reasonable for the prosecution of the claim.(3) In computing the fee, the total settlement includes all sums paid, or to be paid, to satisfy lienholders, purchase annuities, and fund medical care set-aside accounts.(4) In a case where benefits are being voluntarily paid at time of redemption, and no application for mediation or hearing (WC-104a) is pending, the magistrate may approve an attorney fee of 15%, or less if requested by the attorney, of the balance recovered for, or for the benefit of, the plaintiff as provided in section 858(2) of the act, MCL 418.858.(5) In a case tried to completion with proofs closed or compensation voluntarily paid after an application for mediation or hearing is filed, an attorney, before computing the fee, shall deduct from the accrued compensation the reasonable expenses incurred on plaintiff's behalf as defined in subrule (2) of this rule. The magistrate may approve an attorney fee of 30%, or less if requested by the attorney, of the balance recovered for, or for the benefit of, the plaintiff as provided in section 858(2) of the act, MCL 418.858.(6) In a case involving a redemption of liability, where a form (WC-104a) is pending, the attorney, before computing the fee, shall deduct the reasonable expenses incurred on plaintiff's behalf from the total settlement. The fee that the magistrate may approve is as follows, or less if requested by the attorney: (a) Cases alleging dates of injury before September 1, 1965, are subject to the rule as to attorney fees in effect before September 1, 1965.(b) Cases alleging dates of injury between September 1, 1965, and the effective date of this amendment are subject to the rule in effect on the date of injury.(c) Cases alleging dates of injury after the effective date of this amendment may be subject to attorney fees of all of the following:(i) Twenty percent of the first $100,000.(ii) Fifteen percent of any amount more than $100,000.(7) In a case tried to completion with proofs closed but before a final order, after which there is a redemption of liability, the attorney, before computing the fee, shall deduct the reasonable expenses incurred on plaintiff's behalf as defined in subrule (2) of this rule from the total settlement. The total settlement in such redemptions includes the gross amounts of any partial payments made under section 862 of the act, MCL 418.862, if the redemption specifically includes a waiver of the right of reimbursement of such amounts from either the plaintiff or the second injury fund. The magistrate may approve an attorney fee of 20% of the balance, or less if requested by the attorney.(8) A group disability or hospitalization insurance company that enforces an assignment given to it as provided in the act shall pay a part of the fee of the attorney who secured the compensation recovery in the same proportion that the group insurance company payments bear to the total compensation recovery upon which the attorney's fee is based.(9) In the computation of attorney fees in a case decided by the workers' compensation appellate commission, the fee must be assessed on not more than 104 weeks of the period the matter was pending before the commission. All other weekly benefits due and owing for the period of appeal must be fully paid to the plaintiff. The limitation of fee applies only to weekly compensation.(10) Nothing in this rule precludes an award of attorney fees under section 315 of the act, MCL 418.315.(11) If agreed upon by the plaintiff, survivor, party in interest or dependents in writing, the fees specified in this rule may apply to cases with earlier dates of injury.Mich. Admin. Code R. 408.44
1979 AC; 1980 AACS; 1998-2000 AACS; 2021 MR 23, Eff. 12/10/2021