Appeal of Beverly Desmarais

Petitioner Beverly Desmarais appealed the decision of the New Hampshire Compensation Appeals Board (CAB) denying her request for attorney’s fees and costs that she incurred in litigating a fee dispute with the respondents, Utica National Insurance Group (Utica) and AMI Graphics. The CAB determined that, although the Workers’ Compensation Law entitled the petitioner to attorney’s fees and costs associated with litigating the merits of her workers’ compensation claim, it did not further entitle her to fees and costs incurred in successfully litigating the fee dispute. The New Hampshire Supreme Court reversed and remanded, finding that the evident purpose of paragraph VI of RSA 281-A:44 was to encourage claimants to obtain, and attorneys to provide, representation in a certain class of disputes regarding workers’ compensation benefits. The Court remanded to the CAB for a determination as to the reasonableness of the additional fees and costs that the petitioner incurred in litigating the fees and costs issue at the administrative level. Any party aggrieved by the CAB’s order on fees and costs may appeal to the Supreme Court pursuant to RSA chapter 541. View "Appeal of Beverly Desmarais" on Justia Law