§ 22-3-4-12 — Rates and charges; attorney's fees; payment

Indiana § 22-3-4-12

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 4: Worker's Compensation: Administration and Procedures

Text

Except as provided in section 12.1 of this
chapter, the fees of attorneys and physicians and charges of nurses and
hospitals for services under IC 22-3-2 through IC 22-3-6 shall be
subject to the approval of the worker's compensation board. When any
claimant for compensation is represented by an attorney in the
prosecution of his claim, the worker's compensation board shall fix and
state in the award, if compensation be awarded, the amount of the
claimant's attorney's fees. The fee so fixed shall be binding upon both
the claimant and his attorney, and the employer shall pay to the
attorney out of the award the fee so fixed, and the receipt of the
attorney therefor shall fully acquit the employer for an equal portion of
the award; provided, that whenever the worker's compensation board
shall determine upon hearing of a claim that the employer has acted in
bad faith in adjusting and settling said award, or whenever the worker's
compensation board shall determine upon hearing of a claim that the
employer has not pursued the settlement of said claim with diligence,
then the board shall, if compensation be awarded, fix the amount of the
claimant's attorney's fees and such attorney fees shall be paid to the
attorney and shall not be charged against the award to the claimant.
Formerly: Acts 1929, c.172, s.65; Acts 1965, c.217, s.3. As
amended by P.L.144-1986, SEC.48; P.L.258-1997(ss), SEC.10;
P.L.1-2006, SEC.338.