Danville Radiologists, Inc. v. Raymond Perkins

FITZPATRICK, Judge.

In this workers’ compensation case, Danville Radiologists, Inc. (appellant) appeals the commission’s award of attorney’s fees to the attorney of Raymond Perkins (claimant). The sole question presented is when an attorney’s fee award pursuant to Code § 65.2-714 must be paid. Appellant argues that the commission erred in requiring it to pay attorney’s fees under Code § 65.2-714 before it had been reimbursed for the medical services provided to claimant. For the reasons that follow, we reverse the commission’s award.

Claimant was injured on March 25,1993, while working as a…