NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
Maximum Attorney Fees Rate MIGHT Increase. The proposed rule would establish a new
maximum rate of $200/hour for attorneys and $65/hour for legal assistants. The proposed change
serves as the Division’s recognition that the cost of goods and services has increased significantly
in the last quarter-century. However, the Division’s hourly rate for legal services, which it adopted
in 1991, has not been updated until now. The low rates were beginning to discourage attorneys from
taking workers’ compensation cases when other, higher paying work is available. The increased rate
will provide injured workers with greater access to quality representation which is important to the
health of the system. The proposed new attorney fee rules will be found at DWC Rules 152.3, 152.4,
DD Requests to be Attached to the DD Orders . . . Finally. Over the last few years, the DWC has
more than once reminded (admonished?) system participants to exchange the DWC 32 with the
opposing party when a DD request is made to the Division so that all are informed of what
information is being asked of the DD. The reminders were ineffective. Frequently, Carriers would
receive an order for a DD exam on extent of injury, for example, without having received the DWC
32. In the absence of the DWC 32, the Carriers were left without an understanding of what was the
injury the DD was asked to address. To resolve the “failure to exchange” problem, the Division has
elected a practical solution. Effective September 1, 2016, the Division will attach the DWC 32 to
the DD Order. Despite this practical solution, system participants are reminded that DWC 32s must
still be exchanged with all parties.