From LexisNexis:  “A federal judge has dismissed a lawsuit challenging the constitutionality of amendments to Pennsylvania’s Workers’ Compensation Act that require approval by a workers’ compensation judge for any lawyer’s fee that exceeds 20 percent of the claimant’s award.

“In the suit, attorney Larry Pitt alleged that Sections 442 and 449 of the Pennsylvania Workers’ Compensation Act — which provide for the review and approval of attorney fees by workers’ compensation judges — are unconstitutional because they violate the state separation of powers doctrine.”

Even with the amendments, Pennsylvania lawyers have it much better than Kentucky comp lawyers who have to have every fee approved by an ALJ, are only entitled to 20% of the first $25,000 of an award (the fee percentage for the balance of the award is tiered down thereafter) and no fee can exceed $12,000. 

Read the PA statute here.

Read the KY statute here.

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