§85A-82. Claims for legal services.
436 words·~2 min read·
/ok/title-85a-workers-compensation/85a-82A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. 1. a. Each party shall be responsible for its legal services
and litigation expenses. Fees for legal services may
be reviewed by the Workers' Compensation Commission.
b. An attorney representing an injured employee may only
recover attorney fees up to ten percent (10%) of any
temporary total disability or temporary partial
disability compensation and twenty percent (20%) of
any permanent partial disability, permanent total
disability, or death compensation awarded to an
injured employee by the Commission from a controverted
claim. If the employer makes a written offer to
settle permanent partial disability, permanent total
disability, or death compensation and that offer is
rejected, the employee's attorney may not recover
attorney fees in excess of thirty percent (30%) of the
difference between the amount of any award and the
settlement offer.
(1)Attorney fees may not be collected for recovery
on noncontroverted claims.
(2)Attorney fees shall not be awarded on medical
benefits or services.
(3)The fee for legal services rendered by an
attorney representing an employee in connection
with a change of physician requested by the
injured employee, controverted by the employer,
and awarded by the Commission, shall be Two
Hundred Dollars ($200.00).
(4)Attorney fees may include not more than ten
percent (10%) of the value, or reasonable
estimate thereof, of vocational rehabilitation
services.
c. A "controverted claim" means that the employer or the
employer's insurance carrier has controverted whether
there has been a compensable injury or whether the
employee is entitled to temporary total disability,
temporary partial disability, permanent partial
disability, permanent total disability, or death
compensation. A request for a change in physician
shall not trigger a controverted claim for purposes of
recovering any attorney fees except the fees under
division 3 of subparagraph b of this paragraph. A
controverted claim shall not exist if the employee or
his or her representative has withheld pertinent
information in his or her possession related to the
claim from the employer or has violated the provisions
of Section 6 of this title.
2. In any case where attorney fees are allowed by the Commission, the limitations expressed in subparagraph b of paragraph 1 of this subsection shall apply.
3. Medical providers may voluntarily contract with the attorney for the employee to recover disputed charges, and the attorney may charge a reasonable fee for the cost of collection.
B. An attorney representing an employee under this act may not recover fees for services except as expressly provided in this section. Added by Laws 2013, c. 208, § 82, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 31, emerg. eff. May 28, 2019.