Why Do Postal and Federal Employees Have a Difficult Time Finding Workers' Compensation Attorneys?
Many lawyers who regularly practice before the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB) will not accept Federal workers’ compensation cases due to the complex nature of the fee approval process and the potentially harsh sanctions imposed for violating certain procedures within the fee oversight jurisdiction of the Secretary of Labor. In addition to a somewhat arcane review process, the lawyer faces another obstacle in the form of a long-standing Employees’ Compensation Appeals Board (ECAB) opinion that hourly rates in workers’ comp cases should be lower than those for other legal services (no specific hourly rate has been enumerated, however).
A fee application submitted to the Office of Workers’ Compensation Programs (OWCP) will be reviewed by OWCP only. ECAB approves claims for attorneys fees for appearances and work performed separately before its body. OWCP fee regulations, found at 20 CFR Section 10.703, require the lawyer to submit an application to the appropriate district office or branch where the work was performed. The itemized statement submitted in support of a fee approval application must include the hourly rate, number of hours worked and it should identify the specifics of the work. The attorney must also include a statement signed by the claimant acknowledging his agreement with the amount charged and that the claimant is solely responsible for the bill. Incomplete applications are returned to sender without comment; the 1999 amendments to OWCP regulations deem fee requests automatic in the absence of a dispute between the represented individual and his lawyer.
OWCP and ECAB regulations make clear that they are independent entities and that each has separate jurisdiction over attorney fee matters submitted for work performed before the Office and the Board, respectively.
Remember, when interviewing a potential Federal OWCP attorney, make certain that any monies being deposited for services rendered are going into an escrow or client trust account until authorized for payment.
