In limited circumstances where employer has presented an unreasonable contest to employee’s petition, attorneys fees may be assessed against employer

Where the employee succeeds in a litigation Pennsylvania Workers’ Compensation case, reasonable counsel fees may be awarded against the defendant employer as a cost under Section 440 of the Act.

The defendant, however, can meet its burden of establishing facts sufficient to prove a reasonable contest. The assessment of the amount of counsel fees is based on a finding by the Workers’ Compensation Judge (WCJ) as to the amount and length of time for which the fee is payable based upon the skill required, the duration of the proceedings, and time and effort required and actually expended.

Claimants are forewarned that the awarding of counsel fees for unreasonable contest is not the norm, and the burden of proof on the claimant and the claimant’s attorney is a difficult one and may not result in an award for all of the fees to which the attorney may be entitled under the fee agreement if approved by the WCJ.