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Doucette v. Rathways9/28/2000
1994) (quoting Hird v. Bath Iron Works Corp., 512 A.2d 1035, 1038 (Me. 1986)). The employee's right to attorney's fees is solely governed by 39-A M.R.S.A. § 325 (Pamph. 1999).
39-A M.R.S.A. § 325 provides in pertinent part:
§ 325. Costs; attorney's fees allowable
1. Costs and attorney's fees.
Except as otherwise provided by law, by the Maine Rules of Civil Procedure or by rule of court, each party is responsible for the payment of the party's own costs and attorney's fees. In the event of a disagreement as to those costs or fees, an interested party may apply to the board for a hearing.
2. Restriction on attorney's fees.
An attorney representing an employee in a proceeding under this Act may receive a fee from that client for an activity pursuant to the Act only as provided in this section. The fees and payment of fees to all attorneys for services provided to employees under this Act are subject to the approval of the board. The board may approve the payment of attorney's fees by the employee for services provided to the employee pursuant to this Act. Any attorney who violates this section must forfeit any fee in the case and is liable in a court suit to pay damages to the client equal to 2 times the fee charged to that client.
3. Rules.
The board shall adopt rules to prescribe maximum attorney's fees and the manner in which the amount is determined and paid by the employee. The maximum attorney's fees prescribed by the board in a case tried to completion may not exceed 30% of the benefits accrued, after deducting reasonable expenses incurred on behalf of the employee, or be based on a weekly benefit amount after coordination that is higher than 2/3 of the state average weekly wage at the time of the injury. The board may by rule allow attorney's fees to be increased above or decreased below the amount specified in the rule when in the discretion of the board that action is determined to be appropriate. Id.
Section 325 was enacted in 1991. P.L. 1991, ch. 885, § A-8. The Statement of Fact with the legislation provides, in pertinent part: "Section 325 provides that each party is responsible for the payment of its own attorney's fees and costs. An attorney representing an employee under this Act may receive a fee from that client only as provided and fees and payment are subject to the approval of the board." Statement of Fact, L.D. 2464 (115th Legis. 1991) (emphasis added).
Subsection 1 of section 325 provides that each party is responsible for his or her own attorney fees. 39-A M.R.S.A. § 325(1). There is nothing in subsection 1 requiring a medical provider or any other third party to pay a portion of an employee's attorney's fees.
Subsection 3 provides: "The maximum attorney's fees prescribed by the board in a case tried to completion may not exceed 30% of the benefits accrued . . . ." 39-A M.R.S.A. § 325(3). Subsection 3 provides a limitation on the amount of an attorney's fee collectible from an employee. Subsection 3 provides no substantive right to obtain an attorney's fee from a third party's reimbursement for services. Chapter 10 of the W.C.B. Rules is designed to implement, but does not expand, the statutory authority in subsection 3.
Because the common fund doctrine is inapplicable to the medical fees at issue here, and because there is no statutory authorization, express or implied, to order doctors to pay portions of their fees to employee's attorneys, the decision of the hearing officer must be vacated.
The entry is:
The decision of the Workers' Compensation Board Hearing Officer is vacated. Remanded to
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