Sunday, May 18, 2003

M. Frye v. WCAB (Volkswagen of America)

In M. Frye v. WCAB (Volkswagen of America) the WCJ granted the Employer's modification petition and ceased 20% counsel fees awarded under the interlocutory denial of supersedeas. Although Counsel was successful in getting the Board to award counsel fees on the continuing partial disability benefit that was not at issue in the underlying modification petition, the WCJ, the Board and the Court denied counsel's attempt to recover this fee and a penalty for the period between the time the WCJ Order was issued and the time of the Board's Order.

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