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Panel hears bill to let claimants recover attorney fees at first‑level workers’ compensation hearings
Summary
HB 299 would expand the department’s authority to approve payment of reasonable counsel fees and costs for claimants who prevail at first‑level department hearings. Advocates say it would improve access to counsel; insurers oppose expanding attorney involvement at early stages.
The committee heard testimony on HB 299, a bill that would allow claimants who prevail at department‑level workers’ compensation hearings to recover reasonable attorney fees and costs, subject to the commissioner’s approval. Supporters said the change improves access to counsel for injured workers at early hearings; opponents — including insurance industry representatives — warned it could encourage attorneys to participate at adjudications designed to be accessible for unrepresented claimants.
Attorney Jared O’Connor and union representatives explained how first‑level hearings currently operate: insurers commonly send counsel to hearings, while injured workers often proceed pro se because the 20% contingency on retroactive awards is too small to justify counsel. O’Connor said extending fee recovery to successful claimants at hearing level would enable them to secure experienced representation earlier, potentially speeding correct outcomes and avoiding lengthy appeals.
Insurance representatives told the committee that hearing officers are experienced adjudicators whose decisions are fair; they argued the existing appeal system provides fee recovery when claimants prevail on appeal, and expanding fee shifting to the initial hearing could encourage adversarial, lawyer‑driven proceedings.
Deputy Commissioner Danielle Albert said the department can administer changes but noted existing rules governing attorney fees (LAB 207) and that the 20% cap on retroactive awards is in regulation. The department provided a fiscal and operational overview of current practice and said it will supply requested statistics about how often claimants are represented at the hearing level.
What’s next: Members asked the department for data on the rate of pro se representation and the frequency of awards. The committee took testimony and may request additional information before deciding whether to advance the bill.
