Howard v. Peabody Coal Co.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) denied the claimant’s attorney a fee for services rendered in obtaining a Retraining Incentive Benefits (RIB) award on the ground that that 803 KAR 25:125 did not authorize an attorney fee until such time as the claimant received payments under the award pursuant to KRS 342.732(l)(a)2 or 3. The Workers’ Compensation Board and the Court of Appeals affirmed. This appeal by the claimant’s attorney asserts that 803 KAR 25:125 violates public policy by discouraging attorneys from taking RIB cases and also that it violates the equal protection…