Rates and charges; attorney's fees; payment
Sec. 12. 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 industrial board. When any claimant for
compensation is represented by an attorney in the prosecution of his
claim, the industrial 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 industrial 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 industrial 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.
Last modified: May 27, 2006