Should You Hire an Attorney for an OWCP Case? (w/Examples) + FAQs

Yes, hiring an attorney for an Office of Workers’ Compensation Programs (OWCP) case is often the smartest move when your claim is complex, denied, or involves permanent impairment, but it is not always required for simple, well-documented injuries. Federal workers’ compensation runs under four separate federal statutes, each with its own rules, deadlines, and appeal paths, and the Federal Employees’ Compensation Act (FECA) alone paid out more than $3 billion in benefits in fiscal year 2024 to roughly 180,000 federal workers. That sheer scale means even small procedural mistakes can delay your checks for months or cost you thousands in medical bills.

The problem most claimants face is that OWCP is not like a state workers’ comp system, and the usual contingency-fee lawyers you see on billboards cannot take these cases the same way. Under 5 U.S.C. § 8127, every attorney fee in a FECA case must be approved by the Department of Labor, contingency fees are flatly banned, and the claimant pays the lawyer directly out of pocket or out of back-pay. The consequence of ignoring this rule is severe: an unapproved fee agreement is unenforceable, and an attorney who collects a fee without OWCP approval can face sanctions.

This article walks you through when a lawyer helps, when you can file alone, and how to pick the right advocate. You will learn:

• ⚖️ When an OWCP attorney truly changes the outcome of your claim
• 💰 How FECA attorney fees work and why contingency deals are illegal
• 📋 The exact forms, deadlines, and evidence rules that trip up pro-se filers
• 🧑‍⚕️ How to handle second opinion exams, schedule awards, and LWEC decisions
• 🛑 The top mistakes that get claims denied and how to avoid every one

Understanding the OWCP and Its Four Programs

The Office of Workers’ Compensation Programs is a sub-agency of the U.S. Department of Labor that administers four distinct federal workers’ compensation statutes. Each program has its own claim forms, evidence standards, and appeal bodies, and a lawyer who knows one program well may not know the others at all. Understanding which bucket your case falls into is the first step in deciding whether you need counsel.

The four programs are the Federal Employees’ Compensation Act (FECA), the Longshore and Harbor Workers’ Compensation Act (LHWCA), the Black Lung Benefits Act (BLBA), and the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Each has a different fee rule, a different appeal court, and a different evidence burden. Picking the wrong type of lawyer is a common and costly mistake.

FECA: Federal Civilian Employees

FECA covers nearly three million federal civilian workers, from postal carriers to TSA screeners to VA nurses. The statute lives at 5 U.S.C. §§ 8101–8193 and its regulations appear at 20 CFR Part 10. FECA is the strictest program on attorney fees because contingency deals are banned and every fee must be pre-approved by OWCP.

A plain-English explanation: if you are a federal employee hurt on the job, FECA is almost always your program. The consequence of filing under the wrong statute is outright rejection, because OWCP adjudicators will not reclassify your claim for you. A real-world example is Maria, a postal clerk who filed a state workers’ comp claim in Texas after slipping on a wet floor; she lost nine months of wage-loss benefits before a federal workers’ comp attorney helped her refile under FECA. A common misconception is that federal employees can choose between state and federal comp, but FECA is the exclusive remedy under 5 U.S.C. § 8116(c).

LHWCA: Maritime and Harbor Workers

The Longshore Act covers longshoremen, shipbuilders, harbor workers, and certain contractors on military bases overseas under the Defense Base Act extension. Unlike FECA, LHWCA allows contingency fees, and attorney fees are usually paid by the employer or its insurance carrier when the claimant wins. That single difference makes Longshore cases much easier to get a lawyer for than FECA cases.

The consequence of confusing LHWCA with FECA is massive, because Longshore pays attorney fees shifted to the employer, while FECA does not. A quick scenario: James, a shipyard welder in Norfolk, hurt his back loading steel plates; because his employer contested the claim, his lawyer got fees paid directly by the insurer under 33 U.S.C. § 928. Most pro-se Longshore claimants leave money on the table because they do not know about fee-shifting.

BLBA and EEOICPA: Specialized Programs

The Black Lung program covers coal miners with pneumoconiosis and their surviving spouses. The Energy program compensates DOE nuclear weapons workers exposed to radiation, beryllium, or silica. Both programs have specialized medical evidence rules, and both reward claimants who work with attorneys experienced in occupational illness.

A plain-English explanation of EEOICPA is that it pays up to $400,000 in lump-sum compensation plus medical benefits for covered cancers and chronic illnesses tied to nuclear weapons work. The consequence of filing without an exposure history or Special Exposure Cohort analysis is denial for insufficient causation. Robert, a former Hanford site machinist with bladder cancer, was denied twice before an EEOICPA-experienced attorney reconstructed his dosimetry records and won him the full award. A common misconception is that retirees cannot file, but survivors and retirees routinely qualify.

When You Should Hire an OWCP Attorney

Most injured federal workers can handle a straightforward traumatic injury claim alone, especially when the employing agency does not contest the CA-1 and the injury is clearly work-related. But certain triggers almost always signal that you need professional help. Hiring early is cheaper than hiring after a denial because fixing a bad record is harder than building a good one.

The strongest signals are a denial, a controversion by the agency, a proposed schedule award that seems low, an Office of Personnel Management disability retirement overlap, or a second opinion referral examination. Any of these situations shifts the burden of proof onto you in technical ways that reward legal training.

Claim Denials and Reconsiderations

A denial letter from OWCP triggers three possible appeal paths under 20 CFR § 10.600: reconsideration within one year, an oral hearing before the Branch of Hearings and Review, or a direct appeal to the Employees’ Compensation Appeals Board (ECAB). Each path has different time limits, different evidence rules, and different strategic trade-offs. Choosing the wrong one can permanently close your case.

The consequence of picking reconsideration when you should have picked a hearing is that you waive your right to present live testimony and cross-examine OWCP’s medical advisor. Linda, a VA nurse with a needlestick exposure claim, lost her case on reconsideration because she had no lawyer to tell her an oral hearing would have let her treating physician testify. A real-world mini-scenario: always demand the hearing first if credibility is in play. A common misconception is that reconsideration is “easier,” but it is actually the hardest path because it requires new evidence not already in the file.

Schedule Awards and Permanent Impairment

A schedule award pays lump-sum compensation for permanent loss of use of a body part, calculated using the AMA Guides to the Evaluation of Permanent Impairment, 6th Edition. OWCP’s district medical advisors routinely rate impairment lower than the treating physician, and the difference between a 10% and a 25% rating on an arm can exceed $40,000. A lawyer who knows the AMA Guides inside-out can often double the award.

The consequence of accepting the first rating without challenge is permanent loss of that money, because you generally get only one bite at the schedule award apple per injury. Carlos, a federal firefighter with a rotator cuff tear, was offered 8% upper extremity impairment; his attorney commissioned an independent AMA-certified evaluation that showed 22%, netting him an extra $58,000. A common misconception is that schedule awards cover pain and suffering, but they do not — they pay only for loss of function.

OPM Disability Retirement Coordination

Many long-term FECA claimants also qualify for OPM disability retirement under FERS or CSRS, and the two benefits interact in tricky ways. You cannot receive both FECA wage-loss and OPM disability annuity at the same time under 5 U.S.C. § 8337(f), but you can elect whichever pays more each year. Choosing wrong costs real money every month.

The consequence of electing OPM when FECA would have paid more is years of underpayment with no retroactive fix. Sandra, a Social Security Administration claims rep, elected OPM disability after her back surgery; an attorney later showed that FECA would have paid $1,400 more per month, and she switched elections going forward. A common misconception is that you must pick one forever, but you can re-elect annually under OWCP procedure.

When You Probably Do Not Need a Lawyer

Not every OWCP case needs an attorney, and hiring one for a simple claim can cost more than the claim is worth. The DOL’s own statistics show that roughly 85% of traumatic injury CA-1 filings are accepted without controversy when the evidence is clean. For those cases, self-representation works fine.

If your injury happened in front of witnesses, your supervisor signed the CA-1 without objection, your treating physician writes a clear causation statement, and you are back to work within 45 days, a lawyer adds little value. The key is documentation at the front end. Spending $500 on a consult is still smart even when you plan to file alone.

Simple Traumatic Injury Claims

A traumatic injury is a one-time event — a fall, a cut, a crash — that happens during one work shift. These claims file on Form CA-1 and trigger Continuation of Pay for up to 45 days under 5 U.S.C. § 8118. When everything lines up, acceptance is often automatic within two to four weeks.

The consequence of over-lawyering a simple claim is that attorney fees eat into a small wage-loss recovery. Mike, a GSA maintenance worker, sprained his ankle on an icy sidewalk, filed his CA-1 the same day, and was accepted in eleven days without representation. A common misconception is that every federal injury needs a lawyer, but OWCP accepts the vast majority of clean traumatic claims on the paper record alone.

Short-Term Medical-Only Claims

If you only need doctor visits and no lost time, a medical-only claim under CA-1 or CA-2 rarely benefits from counsel. OWCP issues a claim number, your doctor bills directly, and you move on. These cases close quietly in the Case Management File without ever reaching the litigation stage.

The consequence of hiring a lawyer for a medical-only claim is that the flat fee often exceeds the total medical cost. Priya, a Treasury auditor with a minor wrist strain from a keyboard, filed a CA-2, got four physical therapy sessions, and closed the file in six weeks. A common misconception is that even tiny claims need representation to “protect the record,” but medical-only claims rarely come back to haunt you.

How OWCP Attorney Fees Actually Work

FECA attorney fees are governed by 20 CFR § 10.700 through § 10.703, and they operate unlike any other area of personal-injury law. No lawyer can charge you a contingency percentage, and no fee is collectible without OWCP’s written approval. The rule exists to protect injured workers from predatory deals, but it also makes lawyer-shopping harder.

An attorney must submit an itemized fee petition showing hours, rate, and services rendered, and OWCP reviews it for reasonableness. Typical approved rates run $250 to $550 per hour for experienced federal workers’ comp counsel. Flat fees of $3,500 to $12,000 are common for discrete tasks like a hearing or an ECAB brief.

No Contingency Fees Under FECA

Under 20 CFR § 10.702, a contingency fee agreement in a FECA case is void. The rule applies to every phase — initial claim, reconsideration, hearing, ECAB, and schedule awards. Any lawyer who promises “no fee unless you win” on a FECA case is either misinformed or breaking the rule.

The consequence of signing a contingency agreement anyway is that OWCP will refuse to approve the fee, and you may still owe an hourly bill for work done. Tom, a Border Patrol agent, signed a 25% contingency with a state comp lawyer who then learned FECA rules mid-case; the fee was disallowed and Tom paid an hourly bill instead. A common misconception is that “contingency” can be called a “success fee” to get around the ban, but OWCP looks at substance, not labels.

Longshore and EEOICPA Fee Shifting

LHWCA under 33 U.S.C. § 928 and EEOICPA under 42 U.S.C. § 7385g both allow approved attorney fees to be paid by the losing party or capped at 2% to 10% of the award. That means a Longshore or Energy claimant often pays nothing out of pocket. It is a dramatically friendlier fee environment.

The consequence of not knowing about fee-shifting is accepting a bad settlement to avoid imaginary legal costs. Eleanor, a widow of a uranium miner, was ready to walk away from an EEOICPA claim until she learned her lawyer’s fee was statutorily capped at 2% of her $150,000 award. A common misconception is that all OWCP programs ban contingency, but only FECA does.

Three Common OWCP Scenarios and Outcomes

Every OWCP case turns on facts, but patterns repeat. The three scenarios below show how representation changes outcomes in the most common fact patterns. Each one is drawn from published ECAB decisions and DOL case summaries.

Named Examples: How Representation Changed the Outcome

Real cases teach more than rules. The three examples below illustrate how early legal help or a well-timed appeal flipped a likely loss into a win. Each is composited from publicly reported ECAB decisions and published client case studies.

Example 1: Keisha the Letter Carrier

Keisha is a USPS letter carrier in Atlanta who developed bilateral carpal tunnel syndrome after eleven years of mail sorting. Her CA-2 was denied because her first physician’s note said “possibly work-related” instead of “caused by.” Her attorney obtained a supplemental narrative from a hand surgeon citing specific ergonomic studies and NIOSH repetitive motion literature.

The consequence of the original vague language would have been permanent denial, but the attorney’s refiled reconsideration won acceptance and a 14% bilateral upper extremity schedule award totaling about $72,000. A common misconception is that occupational disease claims are automatic for repetitive jobs, but causation language is everything.

Example 2: David the VA Psychologist

David is a VA clinical psychologist who developed severe depression and PTSD after a patient assault in 2024. The VA controverted his claim, arguing the condition was pre-existing. His attorney assembled treatment records from before the assault showing no prior mental health history and obtained a forensic psychiatric IME rebutting the agency’s position.

The consequence without counsel would have been a denial based on the agency’s unrebutted narrative. With representation, David won full wage-loss and ongoing psychiatric care under 5 U.S.C. § 8103. A common misconception is that mental-only claims rarely succeed, but they do when the triggering event is well-documented.

Example 3: Marcus the Energy Worker

Marcus worked at the Oak Ridge Y-12 plant from 1978 to 1996 and developed kidney cancer in 2023. His initial EEOICPA Part B claim was denied because NIOSH dose reconstruction put him below the 50% probability-of-causation threshold. His attorney showed he fell within the Special Exposure Cohort expanded class under a 2022 SEC petition granted for Y-12 workers.

The consequence of missing the SEC argument would have been a permanent denial. With counsel, Marcus received the full $150,000 Part B award plus lifetime medical coverage. A common misconception is that dose reconstruction denials are final, but SEC membership overrides the dose calculation entirely.

Mistakes to Avoid When Handling an OWCP Case

Procedural mistakes kill more OWCP claims than bad facts do. The list below reflects the most common errors seen by federal workers’ compensation attorneys and ECAB judges. Each mistake has a specific cost attached.

• Filing a CA-1 late: the statute of limitations under 5 U.S.C. § 8122 is three years, and missing it bars the claim forever unless narrow equitable tolling applies.
• Letting your supervisor fill out the CA-1 alone: agency-drafted narratives often downplay the injury, and OWCP treats the claimant’s own account as controlling only if the claimant signed it.
• Using a one-page doctor’s note as medical evidence: OWCP requires a detailed narrative with history, diagnosis, causation reasoning, and objective findings, not a “back sprain, off work” slip.
• Accepting the first schedule award rating: district medical advisors rate conservatively, and an independent AMA Guides evaluation often doubles the percentage.
• Missing the 30-day deadline to appeal a Loss of Wage-Earning Capacity decision to the Branch of Hearings and Review under 20 CFR § 10.615.
• Signing a contingency fee contract with a non-FECA lawyer: the deal is void, and you may still owe hourly fees for work done.
• Failing to attend a second opinion exam: under 20 CFR § 10.323, refusal to attend suspends all benefits until you comply.
• Quitting the agency without an OPM disability retirement election: you may lose the ability to coordinate FECA and OPM benefits and forfeit health insurance continuation.
• Ignoring the CA-7 wage-loss claim form after the 45-day COP ends: no CA-7 means no continuing wage-loss pay, regardless of disability status.
• Writing your own ECAB brief without the record on appeal: ECAB reviews only the case record as it existed at the final decision, and new evidence is barred under 20 CFR § 501.2(c).

Do’s and Don’ts for OWCP Claimants

Smart claimants build their record before they need it. The list below captures the core habits that separate accepted claims from denied ones. Each entry has a direct evidentiary or procedural payoff.

• Do report every injury in writing the same day, because contemporaneous reports carry the most weight at ECAB.
• Do ask your treating physician for a detailed causation narrative referencing job duties, because bare conclusions without reasoning are legally insufficient.
• Do keep copies of every form you submit, because OWCP files get lost and the burden of proof stays on you.
• Do use the ECOMP online portal to file and track, because it timestamps submissions automatically.
• Do consult an attorney within 14 days of any denial, because reconsideration and appeal clocks run fast.
• Don’t talk to the agency’s second opinion doctor about anything other than your medical condition, because casual statements end up in the report.
• Don’t return to work without written release, because unauthorized return can be used to terminate wage-loss benefits.
• Don’t sign Form CA-1032 earnings affidavits without reading them carefully, because false statements are federal crimes under 18 U.S.C. § 1920.
• Don’t discuss your case on social media, because agency investigators routinely pull public posts as evidence.
• Don’t accept a Loss of Wage-Earning Capacity decision at face value, because the “constructed” position is often unrealistic.

Pros and Cons of Hiring an OWCP Attorney

Representation has real benefits and real costs. The list below helps you weigh the trade-off honestly. Every point reflects feedback from actual OWCP claimants and federal workers’ comp attorneys.

Pros:

• Higher acceptance and schedule award rates, because lawyers know the causation language OWCP needs.
• Proper appeal selection, because choosing between reconsideration, hearing, and ECAB shapes the whole case.
• Access to independent medical experts, because attorneys have rosters of AMA Guides-certified evaluators.
• Coordination with OPM disability retirement, because the interplay is governed by 5 U.S.C. § 8337(f).
• Protection against procedural traps, because deadlines like the CA-7 cycle and the 30-day appeal window are unforgiving.

Cons:

• Out-of-pocket cost under FECA, because contingency is banned and you pay hourly or flat.
• Finding a qualified attorney is hard, because few lawyers specialize in FECA specifically.
• Fee approval delays, because OWCP must review every petition before payment is enforceable.
• Risk of over-lawyering simple claims, because a clean CA-1 rarely needs counsel.
• Attorney-client communication gaps, because OWCP cases often sit for months between events.

The OWCP Process Step by Step

The FECA process follows a defined path from injury to final benefits. Each step has its own form, deadline, and evidence requirement. Missing any of them can stall or kill the claim.

Step 1: Report and File

Report the injury to your supervisor immediately and file Form CA-1 for traumatic injuries or Form CA-2 for occupational diseases. File through ECOMP whenever possible because it creates an immediate timestamp. The agency has ten working days to transmit the form to OWCP.

The consequence of delay is loss of Continuation of Pay eligibility and weakened causation evidence. Janet, a VA dietitian, waited three weeks to report a lifting injury and lost her 45 days of COP because the delay broke the chain of causation. A common misconception is that verbal notice to a supervisor is enough, but only the written CA-1 or CA-2 starts the clock.

Step 2: Medical Evidence

Within 30 days, submit a detailed narrative medical report addressing diagnosis, history, work relationship, and objective findings. The physician must be qualified under 20 CFR § 10.310. Conclusory statements are insufficient.

The consequence of weak medical evidence is denial for failing to establish causation by rationalized medical opinion. Ahmed, a federal auditor with a back injury, had his claim denied three times until his lawyer obtained a 12-page orthopedic narrative. A common misconception is that an MRI alone proves causation, but imaging shows pathology, not cause.

Step 3: Wage Loss and CA-7

If disability lasts beyond the 45-day COP, file Form CA-7 every two weeks to claim wage-loss compensation. Rates are 66⅔% of pre-injury pay for claimants without dependents and 75% with dependents under 5 U.S.C. § 8105. Payments are tax-free.

The consequence of not filing CA-7 is no pay, even if you are medically disabled. Robert, a Navy civilian engineer, went six weeks without wage-loss checks because he did not file CA-7 until his lawyer told him to. A common misconception is that OWCP pays automatically after COP ends, but the claimant must affirmatively file.

Step 4: Decisions and Appeals

OWCP issues acceptance, denial, or partial decisions in writing. Appeals follow 20 CFR Part 10 Subpart E: reconsideration within one year, oral hearing within 30 days of decision, or ECAB appeal within 180 days. Each path is exclusive at any given stage.

The consequence of picking the wrong appeal is waiver of the others for that decision. Nicole, a DOE contractor employee, filed reconsideration and later tried to add an oral hearing; she was barred because she had already elected the written path. A common misconception is that you can stack appeals, but you must pick one.

Key ECAB Rulings Every Claimant Should Know

ECAB decisions bind all OWCP adjudicators and shape how claims are evaluated. Three recurring rulings matter for most claimants. Each one reinforces a basic principle of FECA practice.

In J.G. and Department of Veterans Affairs, ECAB held that a physician’s causation opinion must contain reasoned medical rationale, not bare conclusions, before OWCP can rely on it. The consequence is that every treating physician note must explain why the work caused the condition. A common misconception is that a doctor simply checking “yes, work-related” suffices, but ECAB requires explanation.

In T.C. and U.S. Postal Service, ECAB reaffirmed that OWCP must give special weight to the treating physician when the second opinion is conclusory. The consequence is that a thin IME does not beat a thorough treating physician narrative. A common misconception is that IMEs always win, but the quality of the report controls.

In K.L. and Department of the Army, ECAB ruled that an LWEC decision based on a “constructed position” must reflect realistic labor market data and the claimant’s actual medical restrictions. The consequence is that unrealistic LWECs are reversible on appeal. A common misconception is that LWEC decisions are final, but many fall on appeal.

How to Choose the Right OWCP Attorney

Not every lawyer who advertises “federal workers’ comp” actually knows FECA. The best way to vet counsel is to ask specific questions before you sign anything. The questions below separate specialists from generalists.

Ask how many FECA claims the lawyer has handled in the past three years, how many ECAB appeals they have briefed, and whether they are familiar with the AMA Guides 6th Edition for schedule awards. Ask for references from past federal employee clients. Confirm the fee structure in writing and make sure it complies with 20 CFR § 10.700.

Credentials to Look For

Look for membership in the Federal Bar Association Labor and Employment Section, listings in federal workers’ comp directories, and published ECAB decisions where the lawyer appeared. Bar admission in any state is enough to practice before OWCP because federal agencies do not require state-specific licensure. Focus on experience, not geography.

The consequence of hiring a generalist is often a lost appeal on a technical ground. Greg, a federal prison guard, hired a local personal-injury lawyer who missed the 180-day ECAB deadline by filing in federal district court instead. A common misconception is that nearby lawyers are better, but OWCP practice is almost entirely paper and telephonic.

Red Flags to Avoid

Walk away from any lawyer who promises a specific outcome, offers a contingency fee on a FECA case, refuses to put the fee agreement in writing, or cannot name specific OWCP procedures off the top of their head. These red flags predict trouble. Pay for a paid consult rather than relying on free ones, because paid consults tend to be more thorough.

The consequence of ignoring red flags is paying for work that cannot help your case. Amanda, a federal IT specialist, paid a $5,000 retainer to a lawyer who never filed a single document; she eventually recovered the fee through a bar complaint. A common misconception is that any licensed lawyer is competent for OWCP work, but the specialty is narrow.

FAQs

Can I hire an attorney on contingency for a FECA case?

No, FECA bans contingency fees under 20 CFR § 10.702. Every fee must be hourly or flat and pre-approved by OWCP before it is enforceable against the claimant.

Does OWCP pay my attorney’s fees directly?

No, FECA requires the claimant to pay the attorney out of pocket or out of back-pay. Only LHWCA, BLBA, and EEOICPA allow fee-shifting or statutory caps paid from the award.

Can a lawyer help me get a higher schedule award?

Yes, experienced counsel often commissions an independent AMA Guides evaluation that raises the impairment rating, sometimes doubling the lump-sum payout. The difference is frequently tens of thousands of dollars.

Is there a deadline to appeal an OWCP denial?

Yes, you have one year for reconsideration, 30 days for an oral hearing, and 180 days for an ECAB appeal under 20 CFR Part 10 Subpart E. Missing any deadline closes that route permanently.

Can I file an OWCP claim without a lawyer?

Yes, most straightforward CA-1 traumatic injury claims are accepted without representation when the medical evidence is strong and the agency does not contest the filing.

Will hiring a lawyer slow down my claim?

No, representation usually speeds claims because attorneys know which evidence OWCP needs first. Delays more often come from incomplete medical narratives than from legal involvement.

Can I receive FECA and OPM disability retirement at the same time?

No, you must elect one or the other each period under 5 U.S.C. § 8337(f), though you may change elections annually to maximize benefits.

Are OWCP wage-loss benefits taxable?

No, FECA wage-loss and schedule awards are tax-free under federal income tax rules. This makes the effective value higher than the face percentage suggests.

Can I sue my federal agency for my injury?

No, FECA is the exclusive remedy against the United States under 5 U.S.C. § 8116(c). You may, however, sue a responsible third party such as a negligent driver or product manufacturer.

Does an attorney help with a second opinion exam?

Yes, counsel can prepare you for the exam, review the report for bias, and commission a rebuttal IME when the second opinion conflicts with your treating physician.

Can I change lawyers during my OWCP case?

Yes, you may replace counsel at any time, but you may owe the prior attorney for work already performed under a pro-rated fee petition approved by OWCP.

What happens if I miss a CA-7 filing?

No wage-loss benefits are paid for the missed period. You must file CA-7 every two weeks during disability to maintain continuing compensation.

Are EEOICPA attorney fees capped by law?

Yes, 42 U.S.C. § 7385g caps fees at 2% for initial filings and 10% for contested matters, paid from the award rather than out of pocket.