Combs v. Hubb Coal Corp., 96-SC-444-WC
Citation | 934 S.W.2d 250 |
Decision Date | 21 November 1996 |
Docket Number | No. 96-SC-444-WC,96-SC-444-WC |
Parties | Bobby Lee COMBS and Johnnie L. Turner, Appellants, v. HUBB COAL CORPORATION; Special Fund; George S. Schuhmann, Administrative Law Judge; and Workers' Compensation Board, Appellees. |
Court | United States State Supreme Court (Kentucky) |
This appeal concerns whether KRS 342.320 authorizes an Administrative Law Judge (ALJ) to limit an attorney fee to a "reasonable" amount where the contractual agreement between the worker and the attorney provides for the maximum fee allowable by law.
Having considered the arguments of the parties, as well as the opinions of the ALJ, the Workers' Compensation Board (Board) and the Court of Appeals, we are not persuaded that the Court of Appeals erred in affirming the decision of the Board. Furthermore, since we conclude that the opinion of the Court of Appeals is sound and well-reasoned, we adopt it in full and set it forth as follows:
"
(1) All fees of attorneys and physicians, and all charges of hospitals under this chapter, shall be subject to the approval of the administrative law judge pursuant to the statutes and administrative regulations.... Provided, however, the administrative law judge, in making an allowance of attorney fees, shall in each case examine the record to ascertain the extent of the services rendered, and fix a reasonable fee for the services rendered, not to exceed the maximum authorized by this section. The factors to be considered by the administrative law judge in making the allowance of attorney fees shall include, but not necessarily be limited to: nature, scope, and quality of the attorney's services; level of skill and competence required of the attorney in rendering the services; results achieved; experience and skill level of the attorney; and contingent nature of the case. In the order making the allowance of attorney fees, the administrative law judge shall set forth findings sufficient to support the amount approved. The administrative law judge may reduce the attorney's fee to an amount commensurate with the services performed, or may deny or reduce an attorney's fee upon proof of solicitation of employment. Any award made to a claimant in a nonresisted claim as established under the provisions of KRS 342.316 shall result in an award of an attorney fee not exceeding seven hundred fifty dollars ($750).
....
(5) The administrative law judge shall approve any contract between attorney and client if the limits on fees enumerated below are followed:
(a) When the claim is uncontested under the provisions of KRS 342.316, the attorney fee shall not exceed an amount equal to seven hundred fifty dollars ($750).
(b) In all other claims, the fee of the attorney shall not exceed the amounts provided in subsection (1) of this section.
KRS 342.320 (emphasis added).
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Commonwealth of Kentucky v. Morris, 96-SC-790-DG
...principle of statutory interpretation that no part of a statute should be read as meaningless or ineffectual. Combs v. Hubb Coal Corp., Ky., 934 S.W.2d 250, 252 (1996); Brooks v. Meyers, Ky., 279 S.W.2d 764, 766 (1955). As I understand the majority opinion, it reads the words execution, lev......
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Com. ex rel. Morris v. Morris, 96-SC-790-DG
...principle of statutory interpretation that no part of a statute should be read as meaningless or ineffectual. Combs v. Hubb Coal Corp., Ky., 934 S.W.2d 250, 252 (1996); Brooks v. Meyers, Ky., 279 S.W.2d 764, 766 (1955). As I understand the majority opinion, it reads the words execution, lev......
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Cabinet for Families & Children v. Cummings
......Graham, 976 S.W.2d 423, 429 (Ky.1998); see Combs v. Hubb . Page 431 . Coal Corp., 934 S.W.2d 250, 252-253 ......
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Marksberry v. Chandler, 2002-CA-001920-MR.
...994 S.W.2d 516, 520 (1998) (quoting Revenue Cabinet v. Gaba, Ky.App., 885 S.W.2d 706, 707 (1994)). 26. Id.; Combs v. Hubb Coal Corp., Ky., 934 S.W.2d 250, 252-53 (1996). 27. Compare CPP 15.3 (VIII)(C) providing for forfeiture of meritorious good-time on a conviction for violation of discipl......