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Alan S Pierce
I had a conference recently and just go thte judge's order. I understand that a portion of my first month's benefits might be deducted to pay for attorney fees. Is this right?
Yes, if you were injured on or after December 24, 1991. The workers' comp law, § 13A (10), states that "the insurer may reduce the amount payable to the employee within the first month from the date of the voluntary payment, order or decision, by the amount owed the claimant's attorney." There is a cap of twenty-two percent of the first month's payment on this reduction. For example, an order issued May 1, 1995, for benefits due March 1, 1995 through April 15, 1995, will not involve any employee monies. An order issued May 1, 1995, for benefits due April 1, 1995 through May 15, 1995 might involve 22 percent of these monies for benefits due between May 1 and May 15, 1995. Finally, an order issued May 1, 1995 for benefits due May 1 and indefinitely into the future might involve 22% of those benefits due between May 1 and May 30, 1995, up to a maximum of the actual attorney fee. If, for example, $1000 in benefits were due between May 1 and May 30, up to $220 could be deducted.
 
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