MAYOR AND EXECUTIVE AGENCIES - OFFICE OF ADMINISTRATIVE HEARINGS: RULES FOR DCPS, RENTAL HOUSING, PUBLIC BENEFITS, AND UNEMPLOYMENT INSURANCE CASES - PUBLIC SECTOR WORKERS COMPENSATION — ATTORNEYS’ FEES


Published: 2017-07-14

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2956 PUBLIC SECTOR WORKERS COMPENSATION — ATTORNEYS’ FEES

2956.1 An attorney who has represented a claimant who seeks to recover attorney's fees shall file a motion within thirty (30) days of the issuance of a decision. The motion shall contain the following information:

(a) An itemized description of each service rendered, including the date and the amount of time spent. Time must be recorded in intervals of at least ¼ hour. Intervals of 1/10 hour are preferred.

(b) The amount of the fee which the attorney seeks; and

(c) A statement explaining the basis for the requested fee.

2956.2 In determining the amount of any award, the ALJ shall consider at least the following factors:

(a) The nature, novelty, and complexity of the case;

(b) The time and labor required;

(c) The amount of benefits awarded;

(d) Customary local charges for similar services; and

(e) The professional qualifications of the attorney or other representative.

2956.3 Claims for attorney's fees are governed by D.C. Official Code § 1-623.27 and the Public Sector Workers’ Compensation Benefits Rule on Attorney’s Fees in Title 7 DCMR (Employment Benefits).

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017).