Court Rules Claimants’ Attorneys Need More Money

lance johnsonIn SAIF v. Crystal L. DeLeon (06/28/2012), the Supreme Court held a claimant’s attorney is entitled to an attorney fee whenever the insurer initiates any level of review and the claimant ultimately prevails at any subsequent level. The party initiating the final level of review is no longer of consequence. The Court concluded “the legislature intended that, when a claimant obtains an award of compensation and an insurer initiates one of the listed forms of request for review of that award before one of the listed tribunals, and the final tribunal to consider the issue determines that the award should not be disallowed or reduced, the claimant is entitled to attorney fees….”