5384 CRB-8-08-10 (2009). Doustou v. State of Connecticut Dept. of Mental Health & Addiction Services.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5384 CRB-8-08-10 (2009). Doustou v. State of Connecticut Dept. of Mental Health & Addiction Services CASE NO. 5384 CRB-8-08-10COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION SEPTEMBER 23, 2009TAMMY DOUSTOU CLAIMANT-APPELLEE v. STATE OF CONNECTICUT DEPT. OF MENTAL HEALTH & ADDICTION SERVICES EMPLOYER SELF-INSURED RESPONDENT-APPELLEEAPPEARANCES:The claimant appeared pro se. The claimant's counsel, Charles M. Fresher, Esq., Law Office of Charles M. Fresher, LLC, 324 Kings Highway, North Haven, CT 06473 appeared as the appellant on the issue of attorney's fees awarded by the trial commissioner. The respondent was represented by Lawrence G. Widem, Esq., Assistant Attorney General, Office of the Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120 who did not file a brief or appear at oral argument as the issue did not involve the employer. This Petition for Review from the October 1, 2008 Finding and Award of the Commissioner acting for the Eighth District was heard March 27, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Peter C. Mlynarczyk and Randy L. Cohen.OPINION JOHN A. MASTROPIETRO, CHAIRMAN. The appellant in this matter is claimant's counsel. The appeal is taken from the October 1, 2008 Finding and Award of the Commissioner acting for the Eighth District. The issue before the trial commissioner was whether the claimant owed the attorney a legal fee and if so in what amount.The trial commissioner found that the appellant and the claimant entered into a retainer agreement which provided the appellant would receive twenty percent (20%) of any contested temporary partial or temporary total disability benefits. The claimant engaged the appellant as her attorney on September 9, 2004. The appellant argues that the work he did on behalf of the claimant resulted in her receipt of temporary partial disability benefits in the amount of $10,489.51 and that he was entitled to twenty percent (20%) of that amount consistent with his agreement with the claimant. The claimant disputed counsel's entitlement to the full twenty percent (20%). Thereafter, proceedings were held before the trial commissioner in the course of which both the appellant and the claimant testified. After hearing the testimony of...