• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

If employee loses workers’ comp appeal, don’t be shy about asking him to pay legal fees

by on
in Employment Law,Human Resources

Congratulations! You just won a workers’ compensation case because you had strong evidence that the employee’s injury wasn’t caused by anything that happened at work. Now get ready for round No. 2.

If the employee appeals, be sure to ask for attorneys’ fees. Under the right circumstances, you’ll be entitled to payment.

Recent case: Christopher developed acute myelogenous leukemia when he was 33 and sued his most recent employer for workers’ compensation benefits. He alleged that his illness was caused by workplace exposure to benzene, a chemical that can sometimes trigger cancer like his.

But the employer presented compelling evidence that none of the processes Christopher worked on involved benzene, and that any ex­posure at work would at most have been 1/2000th of the limit OSHA considers safe. Plus, the evidence suggested that the type of cancer Christopher developed was based more on genetics and cigarette exposure than benzene.

Christopher’s case was dismissed, but he appealed, arguing that his “expert witness” presented evidence from science journals published in the 1950s showing a connection between benzene and cancer.

The employer asked for attorneys’ fees if he lost the appeal.

The court refused to overturn the decision and ordered the North Caro­­lina Industrial Commission to determine whether Christopher should pay the employer’s legal fees for a frivolous appeal. (Scearce v. Chemtek, No. COA12-345, Court of Appeals of North Carolina, 2012)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/33934/if-employee-loses-workers-comp-appeal-dont-be-shy-about-asking-him-to-pay-legal-fees "

Leave a Comment