COUNSEL
§ 101.41. Approval of counsel fees.
(a) Under section 702 of the Unemployment Compensation Law (43 P. S. § 862), an individual claiming compensation in a proceeding before the Board or referee, may be represented by counsel or other authorized agent. Ordinarily, the amount of the fee for the service may be agreed upon between the claimant and counsel or authorized agent. However, if an issue is raised as to the amount of the fee, a petition or other written communication may be filed with the Board setting forth in detail the nature and extent of the services rendered to the claimant, the amount of benefits to which the claimant was potentially entitled at the beginning of the current benefit year, and the amount of compensation obtained by the claimant.
(b) In connection with the consideration of a petition or other written communication that raises an issue as to the amount of the fee for services rendered, the Board will apply the rule that the fee charged or received for the service may not exceed 5% of the amount of benefits to which the claimant was potentially entitled at the beginning of his current benefit year, except that in mass or token appeal proceedings involving multiclaimants, if an issue is raised as to the amount of the fee, the Board reserves within its discretion the right to determine the amount of the fee to be approved, which will depend upon the circumstances prevailing with regard to the particular proceeding.
(c) The Board will make an order upon a petition or other written communication without a hearing. Notice of an order will be served upon both the claimant and counsel or authorized agent. The order will become final 10 days after the mailing of the notice thereof, unless objections to the order are filed. Objections to the order will be disposed of and decided in such manner as the Board may prescribe.
Source The provisions of this § 101.41 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Board Approval
The Unemployment Compensation Board did not need to approve counsel fees where there was no issue raised as to the amount of the fees earned by an attorney. Department of Public Welfare v. Ziegler, 542 A.2d 226 (Pa. Cmwlth. 1988).
Representation Before the Board
Individuals claiming unemployment compensation may be represented by counsel or other duly authorized agent in proceedings before the Unemployment Compensation Board; corporations, however, must be represented by legal counsel. Harkness v. Unemployment Compensation Board, 867 A.2d 728, 732 N.6 (Pa. Cmwlth. 2005).
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