Introduced Version






HOUSE BILL No. 1683

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DIGEST OF INTRODUCED BILL



Citations Affected: None (noncode).

Synopsis: Attorney's fees in worker's compensation cases. Requires the worker's compensation board to amend its rules to provide for increased attorney's fees for claims before the board.

Effective: Upon passage.





Liggett




    January 21, 2003, read first time and referred to Committee on Labor and Employment.







Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1683



    A BILL FOR AN ACT concerning labor and industrial safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: ; (03)IN1683.1.1. -->     SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "attorney's fees" means the fees requested for compensation for service provided by an attorney to a claimant under the worker's compensation law and the worker's occupational diseases law as provided under IC 22-3-1-3(b)(3).
    (b) As used in this SECTION, "board" refers to the worker's compensation board established under IC 22-3-1-1.
    (a) As used in this SECTION, "claim" refers to a claim for compensation under IC 22-3-2 through IC 22-3-7 filed with the worker's compensation board established under IC 22-3-1-1.
    (c) The board shall adopt rules under IC 4-22-2 to amend its schedule of attorney's fees in 631 IAC 1-1-24, applicable to all claims filed on or after September 1, 2003, except as provided in subsection (e), to reflect the following attorney's fees:
        (1) A minimum of one hundred dollars ($100).
        (2) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000) of recovery.
        (3) Fifteen percent (15%) of the second twenty-five thousand

dollars ($25,000) of recovery.
        (4) Ten percent (10%) of recovery over fifty thousand dollars ($50,000).

     (e) The board maintains continuing jurisdiction over all attorney's fees in claims before the board and may order a different attorney's fee schedule or allowance for a claim.
    (f) This SECTION expires December 31, 2004.

SOURCE: ; (03)IN1683.1.2. -->     SECTION 2. An emergency is declared for this act.