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Subdivision 1.Parties not awarded costs.
Except as provided otherwise by this chapter and specifically by this section, in appeals before the court of appeals or proceedings before the division or a compensation judge, costs shall not be awarded to any party.
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Subd. 2.Disbursements, taxation.
The commissioner or compensation judge, or the Workers' Compensation Court of Appeals on cases before the court, may award the prevailing party reimbursement for actual and necessary disbursements. Disbursements shall be taxed upon ten days' written notice to adverse parties.
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Subd. 3.Attorney fee, allowance.
Where (1) an award of compensation is affirmed, or modified and affirmed, (2) an order disallowing compensation is reversed, or (3) a petition to vacate an award is granted, the Workers' Compensation Court of Appeals may include in its award an amount to cover a reasonable attorney fee or may allow an attorney fee in a proceeding to tax disbursements.
If the employer or insurer files a notice of discontinuance of an employee's benefits and an administrative conference is held to resolve the dispute, but the employer or insurer fails to attend the administrative conference, the commissioner or compensation judge may order the employer or insurer to pay the employee's attorney fees as a cost under this section if the employee's benefits are continued.
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Subd. 4.Costs and disbursements on certiorari.
On review by the supreme court upon certiorari, costs and disbursements shall be taxed as they are upon appeals in civil actions.
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Subd. 5.Attorney fee on certiorari.
Where upon a review by the supreme court upon certiorari, an award of compensation is affirmed, or modified and affirmed, or an order disallowing compensation is reversed, the court may allow a reasonable attorney fee incident to the review. This allowance of an attorney fee shall be made a part of the judgment order of the supreme court.
Notes of Decisions
Cited in
11
cases, 1975–2019 · leading case:
Meadows v. Lewis, 307 S.E.2d 625 (W. Va. 1983).
Meadows v. Lewis, 307 S.E.2d 625 (W. Va. 1983).
“1982); Minn.Stat.Ann. § 176.511 (West Supp.1983); Mont.”
Lerich v. Thermo Sys., Inc., 292 N.W.2d 741 (Minn. 1980).
“We conclude that even a literal construction of paragraph (37) does not warrant its application here.”
Hodgin v. Ford Motor Co., 341 N.W.2d 567 (Minn. 1983).
· cites it 2× “Even if the Grill definition of “prevailing party” is applicable in construing Minn.Stat. § 176.511, subd. 2 (1982), it is clear that the Workers’ Compensation Court of Appeals was correct in disallowing appeal disbursements because Hodgin’s appeal to that court was unsuccessful…”
Pacyga v. FMC Corp., 581 N.W.2d 859 (Minn. 1998).
· cites it 2× “Pursuant to Minn.Stat. § 176.511, subd. 3, the WCCA "may include in its award as an incident to its review on appeal an amount to cover a reasonable attorney’s fee, or it may allow the fee in a proceeding to tax disbursements.”
Lease v. Pemtom, Inc., 232 N.W.2d 424 (Minn. 1975).
“Where an appeal is taken from a decision of a compensation judge to the commission and benefits are awarded, § 176.511, subd. 3, expressly authorizes the commission to include in the benefits awarded “a rea *15 sonable attorney’s fee.”
Botler v. Wagner Greenhouses, 754 N.W.2d 665 (Minn. 2008).
· cites it 2× “Minn.Stat. § 176.511, subd. 5 (2006) (“Where upon a review by the Supreme Court upon certiorari, an award of compensation is affirmed, or modified and affirmed, or an order disallowing compensation is reversed, the court may allow a reasonable attorney’s fee incident to the…”
Oseland by Oseland v. Crow Wing Cnty., 928 N.W.2d 744 (Minn. 2019).
· cites it 6× “" 18 Minn. Stat. § 176.511 , subd. 2 (2018). The heirs claim that the $ 2,000 they incurred in obtaining a decree of descent, while "somewhat unusual in a workers' compensation case," was necessary to prove that they were Oseland's *757 legal heirs and is, therefore, a taxable…”
Kvenvold v. Freeborn Cnty. Sheriff's Dept., 589 N.W.2d 803 (Minn. 1999).
· cites it 6× “Minnesota Statutes Section 176.511, subdivision 2 (1998) provides that “on appeal the workers’ compensation court of appeals, may award the prevailing party reimbursement for actual and necessary disbursements” incurred in the hearing before the compensation judge and on appeal…”
In re Workers' Comp. Attorney Fees on Certiorari, 653 N.W.2d 451 (Minn. 2002).
· cites it 2× “Minn.Stat. § 176.511, subd. 5 (2002). The amounts allowed under the statute by this court have not been adjusted since 1988 and shall now be increased.”
Jarchow v. E. R. Berwald Roofing Co., 257 N.W.2d 577 (Minn. 1977).
· cites it 2× “155 for purposes other than that of contesting a compensation claim, relators assert that wage loss incurred to attend such an examination is not a disbursement allowable under § 176.511, subd. 2. Under the circumstances of this case the argument is not persuasive.”
Robinson v. Minnesota Valley Improvement Co., 401 N.W.2d 68 (Minn. 1987).
· cites it 2× “Minn.Stat. § 176.511, subd. 2 (1984) provides that a compensation judge may award “the prevailing party” reimbursement for actual and necessary disbursements.”
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