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Doucette v. Rathways9/28/2000
Reporter of Decisions
Argued: September 7, 2000
Keith B. Quattrocchi, M.D. appeals from a decision of a Workers' Compensation Board Hearing Officer requiring that he pay a portion of his medical fees, for treatment of Judith Doucette, to her attorney pursuant to a "common fund" doctrine. Because the Hearing Officer lacked authority to require medical service providers to pay a portion of their fees to the employee's attorney, we vacate the decision.
I. CASE HISTORY
The facts are not in dispute.
The employee, Judith Doucette, alleged to her employer, Pathways, Inc., that she suffered work-related injuries in 1995, 1996, and 1997. Doucette underwent medical treatment, including surgery, by Dr. Keith Quattrocchi and Dr. Bruce Chaffee as a result of a neck condition which she alleged to have been the result of her work- injuries.
Doucette obtained the services of attorney Ronald Ducharme to represent her with respect to various matters, including the payment of medical bills. As a result of this representation, Pathways' insurer voluntarily paid Dr. Quattrocchi a medical fee of $9,084.90 and Dr. Chaffee a medical fee of $2,168.18.
Attorney Ducharme filed a motion for award of fees with the Board seeking a payment of the employee's attorney's fees in the amount of 30% of Dr. Quattrocchi's medical fee ($2,725.47). The hearing officer granted the motion for fees in part stating: "I am of the view that pursuant to Chapter 10 of the Board's rules and Maine's 'common fund doctrine,' employee counsel is entitled to a fee to be paid by the medical providers in this case." The Hearing Officer requested further written arguments on the issue of the amount of the fee.
On August 23, 1999, the hearing officer denied a motion for further findings of fact filed by Dr. Quattrocchi. On the same day, the hearing officer issued a second decision concluding that Attorney Ducharme may recover $1,080 in attorney's fees, plus costs of $117.40, against Dr. Quattrocchi, and $270, plus costs of $29.35, against Dr. Chaffee.
We granted Dr. Quattrocchi's petition for appellate review pursuant to 39-A M.R.S.A. § 322 (Pamph. 1999), which provides that: " ny party in interest may present a copy of the decision of a hearing officer or a decision of the board, if the board has reviewed a decision pursuant to section 320, to the Clerk of the Law Court. . . ." 39-A M.R.S.A. § 322(1) (emphasis added).
II. DISCUSSION
The common fund doctrine is inapplicable to this case. The common fund doctrine applies "when a fund is created to which more than one party is entitled . . . " then, and only then, "each party must pay a share of the expenses incurred in creating the fund, including reasonable attorney fees." See York Ins. Group of Maine v. Van Hall, 1997 ME 230, § 4, 704 A.2d 366, 368. See also 24-A M.R.S.A. § 2910-A (2000) (making an insurance carriers' subrogation rights subject to a pro rata share of certain attorney's fees).
Here there is no common fund, such as a settlement or judgment against which many may be entitled to make claims. Instead the two doctors were paid individual medical fees to which they were entitled pursuant to 39-A M.R.S.A. § 209 (Pamph 1999). Section 209 makes no provision for reimbursement of attorney's fees out of the medical fees.
A hearing officer for the Workers' Compensation Board "'has only such authority as is conferred upon it by express legislative grant or such as arises therefrom by implication as incidental to full and complete exercise of the powers granted.'" See Clark v. International Paper Co., 638 A.2d 65, 66 (Me.
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