Workers' Compensation Board Rule 300.17(f) requires that a substituted attorney or licensed representative who seeks a fee must file an Application for a Fee by an Attorney or Licensed Representative (Form OC-400.1) within 30 days of the filing of a notice of substitution (Form OC-400).
If the fee request is $1,000 or less, the substituted attorney or licensed representative is permitted to make an oral request on the record at the first hearing held following notice that their retainer has been terminated.
When a Stipulation (Form C-300.5) or Agreed Upon Findings and Awards for Proposed Conciliation Decision (Form C-312.5) is filed with the Board for approval, it is imperative that it address the fee interest of any attorney or licensed representative previously retained by the claimant.
If the parties determine that a substituted attorney or licensed representative has a viable fee interest, the C-300.5 or C-312.5 form must set forth the agreement of the substituted attorney or licensed representative and the current attorney or licensed representative as to the allocation of the total attorney’s fee awarded. The substituted attorney or licensed representative may signify agreement with the allocation of the attorney’s fee by signing the Party in Interest line on the C-300.5 form or the Party line on the C-312.5 form, or correspondence on firm letterhead that is attached to the C-300.5 or C-312.5 form.
Failure to address the legitimate fee interest of a substituted attorney will
result in the Board’s rejection of the C-300.5 or C-312.5 form.
Question may be sent via email to officeofgeneralcounsel@wcb.ny.gov.