On August 21, 2008 the Court of Appeals issued an opinion regarding workers compensation and attorney fees. It ruled that the Workers’ Compensation Appellate Commission correctly awarded attorney fees to a claimant whose medical bills were not paid until he hired an attorney and sought relief from the Workers’ Compensation Agency.
“. . . it is not the compensability of the medical bills, but the ongoing failure, neglect or refusal to pay, which allows the magistrate the discretion to order the attorney fees.”