Ramich Ex Rel. Ramich v. Workers' Compensation Appeal Board

I respectfully dissent. In this case, we are asked to decide an issue that this court has never specifically addressed. The issue is whether the language of section 440 of the Workers’ Compensation Act (Act)1 puts all employers on notice that claimants in whose favor a matter has been decided are entitled to an award of attorney fees in addition to the award for compensation unless the employer establishes a reasonable basis for the contest. (Supplemental Brief of Appellant at 8.) The majority does not discuss this issue.

My view is that the clear and unambiguous language of section 440 of the…