Frantzen v. Davenport Electric
Frantzen v. Davenport Electric
Opinion
This case presents the issue of whether the Workers' Compensation Commission (commission) has the statutory authority, pursuant to General Statutes § 31-327 (b), 1 to decide fee disputes among attorneys who have represented a claimant at different times during the pendency of a case before the commission. Pursuant to General Statutes § 31-301b, the appellant, Enrico Vaccaro, 2 appeals from the decision of the Workers' Compensation Review Board (board), which affirmed in part the decision of the Workers' Compensation Commissioner (commissioner), insofar as it determined that the commission has the authority to adjudicate a fee dispute between Vaccaro and the appellee, the law firm of Wofsey, Rosen, Kweskin & Kuriansky, LLP (Wofsey Rosen). On appeal, Vaccaro claims (1) that the commission does not have subject matter jurisdiction to resolve disputes regarding attorney's fees between lawyers who serially represented a claimant and (2) that the commissioner and the board deprived Vaccaro of his constitutional right to have the attendant factual issues resolved by a jury. We disagree with Vaccaro's claims and, accordingly, affirm the decision of the board.
The following facts and procedural history are relevant to this appeal. Both Vaccaro and Wofsey Rosen represented Edward Frantzen, the claimant, in claims for compensation brought against his employer, Daven-port Electric, for work related injuries sustained in 1994, 1998, and 2003. Wofsey Rosen represented the claimant from March 18, 1998 to April 1, 2005. 3 Attorney Allan Cane, who is not a party to this appeal, represented the claimant from April 27, 2005 to July 13, 2007. Vaccaro represented the claimant from July 13, 2007 to May 8, 2014. On May 8, 2014, a stipulation was approved by Commissioner Charles F. Senich pursuant to which $850,000 was awarded to the claimant. The commissioner also approved attorney's fees of 20 percent, with instruction for Vaccaro to hold the amount of the fees in escrow until the fee dispute was resolved. On June 13, 2014, Vaccaro filed a brief that challenged the commission's subject matter jurisdiction over the fee dispute and attacked Wofsey Rosen's claim to any portion of the escrowed fees.
On September 30, 2014, a hearing was held before Commissioner Michelle D. Truglia on, among other things, Vaccaro's challenge to the commission's subject matter jurisdiction. Vaccaro was given the opportunity to submit evidence of his fee arrangement with the claimant, along with a statement of time and charges attributable to this representation. Vaccaro submitted a copy of his fee agreement but did not provide any evidence of time or charges attributable to this representation. Wofsey Rosen, on the other hand, provided substantial evidence regarding its representation of the claimant. After finding that the commission had subject matter jurisdiction over the fee dispute, the commissioner decided that, because of Vaccaro's failure to document his time and charges, it was impossible to determine the scope and value of his representation of the claimant, and ordered a fifty/fifty split of the escrowed attorney's fees between Vaccaro and Wofsey Rosen.
Vaccaro then appealed from the decision to the board, which on February 24, 2016, affirmed the commissioner's decision as to subject matter jurisdiction but reversed as to the division of the fees, and remanded the matter to the commissioner for a full evidentiary hearing on the issue. Vaccaro thereafter appealed to this court. 4 Additional facts will be set forth as necessary.
Vaccaro claims on appeal that the commission does not have subject matter jurisdiction to resolve disputes regarding attorney's fees between lawyers who serially represent a claimant and that the commissioner and the board deprived him of his constitutional right to have the attendant factual issues resolved by a jury.
As a threshold matter, we set forth the standard of review applicable to workers' compensation appeals. "It is well established that [a]lthough not dispositive, we accord great weight to the construction given to the workers' compensation statutes by the commissioner and review board.... A state agency is not entitled, however, to special deference when its determination of a question of law has not previously been subject to
judicial scrutiny.... Where ... [a workers' compensation] appeal involves an issue of statutory construction that has not yet been subjected to judicial scrutiny, this court has plenary power to review the administrative decision." (Citations omitted; internal quotation marks omitted.)
Day
v.
Middletown
,
Our analysis of this claim is guided by our well established principles of statutory construction. "When construing a statute, [o]ur fundamental objective is to ascertain
and give effect to the apparent intent of the legislature.... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case .... In seeking to determine that meaning ... [we] first ... consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.... When a statute is not plain and unambiguous, we also look for interpretive guidance to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter ....
"Moreover, [i]n applying these general principles, we are mindful that the [Workers' Compensation Act, General Statutes § 31-275 et seq. ] indisputably is a remedial statute that should be construed generously to accomplish its purpose.... The humanitarian and remedial purposes of the act counsel against an overly narrow construction that unduly limits eligibility for workers' compensation.... Accordingly, [i]n construing workers' compensation law, we must resolve statutory ambiguities or lacunae in a manner that will further the remedial purpose of the act.... [T]he purposes of the act itself are best served by allowing the remedial legislation a reasonable sphere of operation considering those purposes." (Internal quotation marks omitted.)
Kinsey
v.
World PAC
,
"The powers and duties of workers' compensation commissioners are conferred upon them for the purposes of carrying out the stated provisions of the Workers' Compensation Act.... It is well settled that the commissioner's jurisdiction is confined by the ... act and limited by its provisions." (Citations omitted; internal quotation marks omitted.)
Tufaro
v.
Pepperidge Farm, Inc.
,
I
In determining whether the commission has subject matter jurisdiction to resolve disputes regarding attorney's fees between lawyers who serially represent a claimant, we first examine the statutory language to determine whether any ambiguity exists in § 31-327 (b). 5 Vaccaro claims that "[t]he word 'all' in subsection (b) simply is not a blanket grant of authority by the legislature to the commission to resolve any and all issues related to attorney's fees."
In
Prioli
v.
State Library
,
The precise issue in
Prioli
, to be sure, did not concern whether any portion of the awarded fees could have
been allocated to other lawyers who represented the claimant successively. Vaccaro claims that this court determined in
Prioli
only that subsection (b) of § 31-327 modifies subsection (a).
7
The court quite clearly held, however, that § 31-327 (b) both modified subsection (a)
and
provided that all attorney's fees are subject to the commissioner's approval.
This holding is consistent with our Supreme Court precedent. In
Gill
v.
Brescome Barton, Inc.
,
Because the commissioner has the authority to approve attorney's fees regardless of source, it follows that she may decide to allocate the fees between successive counsel according to their actions and involvement in the underlying matter. The commissioner generally is in the best position to evaluate the relative contributions of counsel to the ultimate result, and resolution by the commissioner is likely to be more efficient than a second court proceeding, which likely would subject all parties and attorneys to additional time and aggravation. If the commissioner has the authority to determine that an attorney is not entitled to the full 20 percent, the maximum amount allowed by the guidelines, then it is within the reasonable exercise of that statutory authority for the commissioner to decide that more than one attorney that has performed work on the matter is entitled to some portion of the fees.
Therefore, we hold that § 31-327 (b) grants the commission the authority to adjudicate fee disputes between successive counsel concerning their representations of a claimant before the commission.
II
Having held that the commission had the statutory authority to decide the issue of the division of the attorney's fees, we briefly address Vaccaro's constitutional claim that his right to a jury trial was violated.
9
The General Assembly enacted the Workmen's Compensation Act in 1913. Two years later, our Supreme Court held in
Powers
v.
Hotel Bond Co.
,
Once the constitutional validity of the express statutory powers of the commission is recognized, it follows that exercise of its implied powers necessarily
passes constitutional muster. See part I of this opinion. Abrogation of the common-law tort action, with its attendant
right to jury trial, is the necessary result of an effective administrative remedy; see
Mello
v.
Big Y Foods, Inc.
, supra,
The decision of the Workers' Compensation Review Board is affirmed.
In this opinion the other judges concurred.
General Statutes § 31-327 (b) provides: "All fees of attorneys, physicians, podiatrists or other persons for services under this chapter shall be subject to the approval of the commissioner."
Vaccaro has standing to bring this § 31-301b appeal even though he was not a party to the underlying workers' compensation proceeding. See
Day
v.
Middletown
,
Specifically, the claimant was represented by Judith Rosenberg and Patricia Carriero of Wofsey Rosen. For simplicity, we will refer to those attorneys and the law firm collectively as Wofsey Rosen throughout this opinion.
The board's decision is appealable pursuant to § 31-301b even though the board remanded the matter to the commissioner for further proceedings, because § 31-301b expressly provides that a board's decision is appealable to the Appellate Court "whether or not the decision is a final decision within the meaning of section 4-183 [of the Uniform Administrative Procedure Act] or a final judgment within the meaning of section 52-263."
See footnote 1 of this opinion.
The attorney had submitted to the claimant an accounting that resulted in a fee of more than twice the amount that the commissioner previously had awarded; the previous award had been replaced by a negotiated agreement. Id., at 305,
General Statutes § 31-327 (a) provides: "Whenever any fees or expenses are, under the provisions of this chapter, to be paid by the employer or insurer and not by the employee, the commissioner may make an award directly in favor of the person entitled to the fees or expenses, which award shall be filed in court, shall be subject to appeal and shall be enforceable by execution as in other cases. The award may be combined with an award for compensation in favor of or against the injured employee or the dependent or dependents of a deceased employee or may be the subject of an award covering only the fees and expenses."
See General Statutes § 31-307b.
Vaccaro's constitutional claim was not preserved before the commission or the board. We thus consider the claim only pursuant to
State
v.
Golding
,
Reference
- Full Case Name
- Edward FRANTZEN v. DAVENPORT ELECTRIC, Et Al.
- Cited By
- 5 cases
- Status
- Published