DENNIS L. ONDRACHEK, Employee,
v.
COURIER DISPATCH GROUP, SELF-INSURED, adm'd by MERITCLAIM GEN. SERVS., Employer/Appellant.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
January 19, 1999
HEADNOTES
ATTORNEY
FEES - RORAFF FEES; ATTORNEY FEES - HEATON
FEES; STATUTES CONSTRUED - MINN. Stat. § 176.081, SUBD.
1(a)(1995). The value of medical or rehabilitation
services awarded to an employee is "reasonably
ascertainable" within the meaning of Minn. Stat. §
176.081, subd. 1(a) (1995), and attorneys' fees thus are
calculated as a contingent percentage of the value of the
services, whenever the services ordered are of the type
rendered by a provider for payment and will result in a
payment to a provider. Although such fees are limited to
a percentage of the specific services awarded, the amount of
the eventual payments to the health care or rehabilitation
provider need not be known at the time that the compensation
judge decides the employee's request for attorney fees
for obtaining medical or disputed rehabilitation
services. Where awarded, such fees should be calculated
and paid by the employer and insurer to the employee's
attorney when the medical and rehabilitation bills are
paid.
Reversed.
Determined by: Wilson, J., Pederson, J., and Wheeler, C.J.
Compensation Judge: Bradley J. Behr
OPINION
STEVEN
D. WHEELER, Judge
The
self-insured employer appeals from the compensation
judge's calculation of attorney fees awarded to the
employee's attorney against the employer and insurer for
the recovery of medical and rehabilitation benefits
(generally referred to as Roraff and Heaton
fees1) under subdivision 1(a)(2), rather
than subdivision 1(a)(1) of Minn. Stat. § 176.081
(1995). We reverse.
BACKGROUND
The
employee, Dennis L. Ondrachek, sustained admitted
work-related injuries on July 25, 1994 and January 9, 1996,
while working for the self-insured employer, Courier Dispatch
Group. In February 1997 the parties entered into a
partial Stipulation for Settlement in which they agreed,
among other things not here at issue, that the law in effect
on January 9, 1996 controlled the employee's entitlement
to further workers' compensation benefits from these
injuries. The Stipulation for Settlement was approved by
an Award on Stipulation on February 20, 1997. (Stipulations
1, 4; Judgment Roll.)
On
October 6, 1997, the employee filed a medical request seeking
approval for a pain clinic evaluation by Dr. Matthew Monsein,
recommended by the employee's treating
physician. The employee also filed a rehabilitation
request on the same day seeking an extension of his
rehabilitation plan, which had been completed on August 12,
1997, to permit medical and vocational monitoring. The
employer responded to the medical request by a medical
response filed on October 14, 1997 denying that the pain
clinic evaluation...
