§ 22-3-7-24 — Rules; hearings; subpoenas; production of books and papers; attorney's fees

Indiana § 22-3-7-24

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 7: Worker's Occupational Diseases Compensation

Text

(a) The worker's compensation board may
make rules not inconsistent with this chapter for carrying out the
provisions of this chapter. Processes and procedures under this chapter
shall be as summary and simple as reasonably may be. The board, or
any member thereof, shall have the power, for the purpose of this
chapter, to subpoena witnesses, administer or cause to have
administered oaths, and to examine or cause to have examined such
parts of the books and records of the parties to a proceeding as relate
to questions in dispute. The county sheriff shall serve all subpoenas of
the board and shall receive the same fees as provided by law for like
service in civil actions. Each witness who appears in obedience to such
subpoena of the board shall receive for attendance the fees and mileage
for witnesses in civil cases in the courts. The circuit or superior court
shall, on application of the board or any member thereof, enforce by
proper proceedings the attendance and testimony of witnesses and the
production and examination of books, papers, and records.
(b) The fees of attorneys and physicians and charges of nurses and
hospitals for services under this chapter 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 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.
(c) 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 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's fees shall be paid to the attorney and shall not
be charged against the award to the claimant. Such fees as are fixed and
awarded on account of a lack of diligence or because of bad faith on the
part of the employer shall not be less than one hundred fifty dollars
($150).
(d) The worker's compensation board may withhold the approval of
the fees of the attending physician in any case until he shall file a report
with the board on the form prescribed by such board.
Formerly: Acts 1937, c.69, s.17; Acts 1965, c.206, s.2. As
amended by P.L.144-1986, SEC.66; P.L.28-1988, SEC.56.