§16.2 Generally

• Library: Workers' Compensation Law Deskbook Vol. 2 (2020 Ed.)

A. (§16.2) Generally

The Workers’ Compensation Law (the Law), Chapter 287, RSMo, provides statutory authority for attorney fees in connection with services performed under the Law. In deciding the allowance, denial, or amount of fees to be assessed, § 287.260, RSMo 2016, grants jurisdiction to the ALJ and LIRC to hear and decide attorney fees, limiting charges to those both fair and reasonable. All attorney fees charged to the injured worker for prosecution of the claim, including by settlement, must be submitted to the ALJ or LIRC, depending on which has jurisdiction at the time of final award. 8 C.S.R. 20-3.060(2)(A).

At the heart of the matter is to avoid the chilling effect on an injured worker’s ability to obtain competent counsel in the event the worker’s attorney fees are denied either in part or whole. See Sterling v. Mid America Car, Inc., 456 S.W.3d 473, 477 (Mo. App. W.D. 2014).

But the...