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Date: May 23, 2008
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State: Minnesota
Category: Workers Compensation
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http://www.dli.mn.gov/WC/PDF/sa04.pdf

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WID or SSN Minnesota Department of Labor and Industry Workers' Compensation Division PO Box 64218 St. Paul, MN 55164-0218 (651) 284-5030 1-800-342-5354 (DIAL-DLI)
S A 0 4

DATE(S) OF CLAIMED INJURY

DO NOT USE THIS SPACE

EMPLOYEE VS. EMPLOYER(S) AND INSURER(S) AND

Statement of Attorney Fees and Costs
PRINT IN INK or TYPE Enter dates in MM/DD/YYYY format.

INSTRUCTIONS TO ATTORNEY: Use this form to request attorney fees and costs. Fill in all applicable blanks. Serve all parties. Provide a complete proposed Order Determining Attorney Fees. INSTRUCTIONS TO INSURER OR SELF-INSURED EMPLOYER: If you object to the requested fees or costs you must submit your objection to the Department of Labor and Industry, and mail it to the employee and the employee's attorney, within 10 calendar days of the date listed in item 13 (the date this Statement was served). Attach a statement of the amounts currently withheld for attorney fees to the objection. You may use the "Employee or Insurer's Objection to Requested Attorney Fees and/or Costs" form. INSTRUCTIONS TO EMPLOYEE: If you object to the requested attorney fees or costs, you must submit your objection to the Department of Labor and Industry at the above address within 10 calendar days of the date listed in item #13 (the date this Statement was served). You may use the "Employee or Insurer's Objection to Requested Attorney Fees and/or Costs" form, which can be obtained from the Department's Benefit Management and Resolution Unit at the telephone number listed below, or on the Department's web site at www.doli.state.mn.us/wcforms1.html. If no objection is submitted within 10 days, the attorney fees or costs requested may be awarded. If you do not object to the requested attorney fees you do not need to do anything. You must mail a copy of your objection to the attorney requesting the fees and to the insurer or self-insured employer. You should contact your attorney if you have questions about the requested attorney fees. You may also contact the Department's Benefit Management and Resolution Unit with questions at 651-284-5030 or toll free at 1-800-342-5334. (TDD: 651-297-4198). I am the attorney for the employee, and I certify that the following statements are true: 1. I am an attorney duly licensed to practice law in the state of Minnesota. 2. A copy of the signed retainer agreement is attached to this statement, or was mailed to the Department on 3. The following benefits which were genuinely disputed were recovered for the employee and would not have been recovered but for my involvement: TTD PPD Retraining TPD Other PTD Death Benefits Medical .

Rehabilitation Amount recovered: $

This blank must be completed for contingency fee claims.

4. Dispute certification under M.S. § 176.081, subd. 1(c): a. b. c. This dispute was certified by the Department of Labor and Industry on The Department of Labor and Industry denied certification of this dispute on (date). (date).

Certification from the Department of Labor and Industry was not required by M.S. § 176.081, subd. 1(c). for attorney fees pursuant to M.S. § 176.081, subd. 1(c).

5. The employer/insurer is currently withholding the sum of $ 6. The sum of $ 7. I have spent
MN SA04 (5/08)

in attorney fees has been previously paid for the same date of injury. hours in representing the employee in this matter. My hourly fee is $
(over)

.

8. I am claiming the following attorney fees: a. From employee benefits: 1) 2) The sum of $ as a contingent fee that does not exceed the limitations of M.S. § 176.081, subd. 1(a). , pursuant to Irwin v. Surdyk's

Fees in excess of the fee limitations of M.S. § 176.081, subd. 1 in the sum of $

Liquor, 599 N.W.2d 132, 59 W.C.D. 319 (Minn. 1999). Attached is the Excess Fee Exhibit with the information required by Minn. Rule 1415.3200, subp. 3, item B. b. From the employer/insurer: 1) The sum of $ as a Roraff - type fee based on the amount recovered, which does not exceed the

limitations of M.S. § 176.081, subd. 1(a)(1). 2) The sum of $ as a Heaton - type fee based on the amount recovered, which does not exceed the

limitations of M.S. § 176.081, subd. 1(a)(1). 3) The sum of $ M.S. § 176.081, subd. 1(a)(2). 4) 5) The sum of $ The sum of $ under M.S. § 176.191 payable by , which is in excess of the limitations of under M.S. § 176.081, subd. 1, pursuant to . based on resolution of a non-monetary medical or rehabilitation issue under

Irwin v. Surdyk's Liquor, 599 N.W.2d 132, 59 W.C.D. 319 (Minn. 1999). Attached is the Excess Fee Exhibit with the information required by Minn. Rule 1415.3200, subp. 3, item B. 9. Application 10. a. b. is is not made for payment of attorney fees under M.S. § 176.081, Subd. 7. Amount requested: $

I do not know of any other attorney with unsatisfied liens. The following attorney has an unsatisfied lien (name and address):

11. The sum of $ 12. a.

has been received from the employee in the form of an expense advancement. . An itemization of costs incurred

Request is made for taxation of costs and disbursements for the sum of $ and who paid the costs is attached as Exhibit

. Receipts have been submitted to the insurer or self-insured employer.

b.

Request is not made for taxation of costs and disbursements.

13. A copy of this statement and any exhibits was served on the employee, the employer/insurer and any attorney listed in item 10 on (date). Proof of service is attached. 14. I have attached a proposed Order Determining Attorney Fees.
PRINT NAME OF ATTORNEY FOR EMPLOYEE ATTORNEY FOR EMPLOYEE SIGNATURE

ADDRESS

ATTORNEY REGISTRATION NUMBER

CITY

STATE

ZIP CODE

TELEPHONE NUMBER

This material can be made available in different forms, such as large print, Braille or on a tape. To request, call (651) 284-5030 or 1-800-342-5354 (DIAL-DLI) Voice or TDD (651) 297-4198.
ANY PERSON WHO, WITH INTENT TO DEFRAUD, RECEIVES WORKERS' COMPENSATION BENEFITS TO WHICH THE PERSON IS NOT ENTITLED BY KNOWINGLY MISREPRESENTING, MISSTATING, OR FAILING TO DISCLOSE ANY MATERIAL FACT IS GUILTY OF THEFT AND SHALL BE SENTENCED PURSUANT TO SECTION 609.52, SUBDIVISION 3.