Introduced Version
HOUSE BILL No. 1683
_____
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.
January 21, 2003, read first time and referred to Committee on Labor and Employment.
Introduced
First Regular Session 113th General Assembly (2003)
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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.