No. 00-00839 (2002). Bishop v. Lewis.

• Case Date: February 13, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-00839 (2002). Bishop v. Lewis WILLARD DOUGLAS BISHOP PETITIONER VS. MIKE LEWIS/INNOVATIVE INSTALLATIONS, INC.; HON. JOHN EARL HUNT, ADMINISTRATIVE LAW JUDGE and HON. RONALD JOHNSON, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: February 13, 2002CLAIM NO. 00-00839APPEAL FROM HON. RONALD JOHNSON, ADMINISTRATIVE LAW JUDGE DISMISSING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner, Willard Bishop ("Bishop"), appeals pro se from an order rendered by Hon. Ronald Johnson, Administrative Law Judge ("ALJ"), awarding Hon. Marcel Smith ("Smith"), Bishop's former attorney, an attorney fee in the amount of $885.70, and expenses incurred in the prosecution of Bishop's claim in the amount of $157.40. Bishop sustained a work-related injury on April 3, 2000, while in the employ of Mike Lewis/Innovative Installations, Inc. Bishop sought the assistance of counsel in order to prosecute this claim and on December 18, 2000, entered into a contingent attorney fee contract with Smith and Hon. R. Bruce Stith ("Stith"). On July 18, 2000, counsel for Bishop filed an application for resolution of injury claim, alleging shoulder, neck, upper back, and left arm injuries. The claim was assigned to ALJ John Earl Hunt(fn1) and proceeded normally, including the completion of all proof. Shortly before an April 24, 2001 benefit review conference, Bishop and his counsel became embroiled in some dispute, the nature of which is not revealed in the record. Nonetheless, gleaned from Bishop's pro se pleadings, it is apparent he was dissatisfied with the representation he was receiving and sought termination of the attorney/client relationship. On March 13, 2001, Bishop's counsel moved to withdraw and within that motion, gave notice of their lien for attorneys' fees and expenses upon any award or settlement. Bishop, without counsel, attended the final hearing and on August 1, 2001, the ALJ rendered an opinion and order awarding Bishop permanent partial disability benefits based upon a 5% impairment rating. Promptly thereafter, on August 14, 2001, prior counsel petitioned for an award of an attorney fee. Appended to the motion was an affidavit of time spent and expenditures made, as well as a copy of the executed attorney fee contract. On August 29, 2001, the ALJ...