Matter of Compensation of Bahler

Claimant appeals a portion of an order on reconsideration of the Workers’ Compensation Board that failed to award attorney fees after she had prevailed on the issue of compensation in a carrier-initiated appeal. 1 The issue is whether claimant is entitled to an award of a carrier-paid attorney fee when, after a carrier-initiated review, the Board finds that compensation should not be reduced but that penalties awarded by the referee should be reduced.

Claimant worked for Mail-Well for 13 years. In February, 1979, she left its employment. On May 2, 1979, she filed a claim for occupational…