Indiana Code - Labor and Safety - Title 22, Section 22-3-7-24

Rules; hearings; subpoenas; production of books and papers;
attorney's fees

Sec. 24. (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.

Last modified: May 27, 2006