Fillable APPLICATION FOR A FEE BY CLAIMANT'S ATTORNEY OR (New York State)

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APPLICATION FOR A FEE BY CLAIMANT'S ATTORNEY OR (New York State)

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This form may be used for any fee request; however, it is required for all requests exceeding $1,000 and when specifically directed by the Board.
A. SERVICES RENDERED TO THE CLAIMANT
List below the services rendered on behalf of the claimant, including the dates of such service and the time spent. Be as specific as
possible when describing the services. You may attach a report generated through your legal timekeeping and billing software, but must
still enter TOTAL HOURS in the space provided. Include any disbursements actually incurred. Disbursements for an Independent Medical
Exam (IME) must comply with Board Rule 300.2 to be considered.
OC-400.1 (8-17)
TO THE CLAIMANT: IF YOU DID NOT OR WILL NOT ATTEND THE HEARING/MEETING/CONFERENCE/ARBITRATION AT
WHICH THIS FEE REQUEST IS SUBMITTED TO THE BOARD, SEE SECTION D ON REVERSE.
for the following services rendered in the above case(s).
WCB Case #(s)
Claimant's Name (Last, First, MI)
Representative's Identification Number (if any)
R-
Date Retained (mm/dd/yyyy) Amount of Fee Previously Received (if any)
I, , attorney/licensed representative, request a fee of
Date (mm/dd/yyyy) Description of Service Rendered Time Spent
TOTAL HOURS
Date (mm/dd/yyyy) Nature of Disbursement Cost
PO Box 5205, Binghamton, NY 13902-5205 Web Upload link: https://wcbdoc.services.conduent.com/
APPLICATION FOR A FEE BY CLAIMANT'S ATTORNEY OR LICENSED REPRESENTATIVE
in accordance with Board Rule 12 NYCRR 300.17
schedule loss of use classification Section 32 Agreement Other
This fee is requested from:
OTHER CONSIDERATIONS
$
OC-400.1 (8-17)
C. ATTORNEY/LICENSED REPRESENTATIVE CERTIFICATION
B. SUBSTITUTION OF ATTORNEY/LICENSED REPRESENTATIVE
1. Has the claimant previously retained any other attorney or licensed representative?
Have you served or been served a Notice of Substitution?
If you object to the amount of the fee, you may attend the Board proceeding to state your objection.
The amount of the fee requested for representing you in this case is
I will be requesting this fee at the hearing/meeting/conference/arbitration being held on
If you object to the amount of the additional fee being requested, you may submit your objection in writing by completing
Section E, Claimant's Statement, of this form and sending it to the Workers' Compensation Board within 30 days of the
date noted above for the Application for Review or Rebuttal to the Application for Review.
WCB Case #(s):
Yes No
Yes No
Claimant's Name:
2. Are you aware of any fee requests from other attorneys and/or licensed representatives?
Yes No
To the attorney/licensed representative:
The attorney or licensed representative certifying this form must print his/her name, not the firm name, where requested below. When
the claimant is not present at the proceeding, or a decision is or will be rendered outside of a hearing, you must complete the affirmation
below and immediately mail a copy of this Application for a Fee to the claimant. If you know in advance that the claimant will not be
present at a scheduled hearing, the claimant must be notified of your requested fee 10 days in advance of the scheduled hearing.
I certify to the best of my knowledge that (a) the information included in this fee application is accurate, (b) If the claimant is not
expected to be present at the proceeding at which the fee may be awarded, I sent a copy of the fee application to the claimant 10 days
in advance of the proceeding. If the claimant unexpectedly does not appear at the proceeding at which the fee may be awarded, I will
immediately send a copy of the fee application to the claimant, (c) language assistance services (translation and interpretation) were
provided to the claimant to the extent that he/she has limited English proficiency, and (d) I (or my firm) presently represent the claimant
and he/she understands the content of the fee requested, or I (or my firm) previously represented the claimant and he/she will be served
with a copy of this form advising of the amount of the fee requested, the services rendered and the time spent for the performance of the
services rendered.
If a fee is approved by the Workers' Compensation Board, it will be deducted from your award (except in WCL § 120
discrimination claims) and paid directly to your attorney/licensed representative by the insurance carrier or employer.
If you object to the amount of the fee, you may submit your objection in writing by completing Section E, Claimant's
Statement, of this form.
Application for Review Rebuttal to the Application for Review
dated
Signature of Attorney/Licensed RepresentativePrint Name of Attorney/Licensed Representative
Address of Attorney/Licensed Representative Attorney/Licensed Representative Phone #
Date Submitted
D. TO THE CLAIMANT (to be completed by the claimant's attorney/licensed representative)
, or in the
I requested this fee at the hearing/meeting/conference/arbitration that was held on
request for a decision without a hearing.
E. CLAIMANT'S STATEMENT (claimant signature required or counsel to explain why it could not be obtained)
I have reviewed this fee request and understand that any fee approved will be deducted from my award:
I have no objection to this request.
OC-400.1 (8-17) Reverse
www.wcb.ny.gov
THIS AGENCY EMPLOYS AND SERVES PEOPLE WITH DISABILITIES WITHOUT DISCRIMINATION.
I object to the fee being requested for the following reasons:
If you are objecting to the fee being requested by your attorney/licensed representative, a copy of this objection
must be sent to your attorney/licensed representative, the insurance carrier and to the Workers' Compensation
Board by: 1) mail at PO Box 5205, Binghamton, NY 13902-5205; or 2) fax at 877-533-0337; or 3) email at
wcbclaimsfiling@wcb.ny.gov. If a decision awarding the fee has already been issued, you may appeal by filing a
written objection within 30 days of the date of the decision.
ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS, CAUSES TO BE PRESENTED, OR PREPARES WITH KNOWLEDGE OR BELIEF
THAT IT WILL BE PRESENTED TO OR BY AN INSURER, OR SELF-INSURER, ANY INFORMATION CONTAINING ANY FALSE MATERIAL STATEMENT OR
CONCEALS ANY MATERIAL FACT SHALL BE GUILTY OF A CRIME AND SUBJECT TO SUBSTANTIAL FINES AND IMPRISONMENT.
Date WC Law Judge's InitialsAmount of Fee Approved
INTERNAL USE ONLY IF FEE AWARDED AT HEARING
I am requesting an additional fee of
in the:
Claimant's Signature (Ink Only - Use Blue Ink If Possible)
Date
$
$
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APPLICATION FOR A FEE BY CLAIMANT'S ATTORNEY OR (New York State)

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Completed 23 November 2020

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