H-3383              _______________________________________________

                                                   HOUSE BILL NO. 1452

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives R. King, Ballard and P. King

Read first time 1/15/86 and referred to Committee on Commerce & Labor.

AN ACT Relating to attorneys' fees in industrial insurance cases; and amending RCW 51.52.120.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 51.52.120, chapter 23, Laws of 1961 as last amended by section 22, chapter 63, Laws of 1982 and RCW 51.52.120 are each amended to read as follows:

          (1) It shall be unlawful for an attorney engaged in the representation of any worker or beneficiary to charge for services in the department any fee in excess of a reasonable fee, ((of not more than)) not to exceed thirty percent of the increase in the award secured by the attorney's services.  ((Such reasonable fee shall be fixed by the director for services performed by an attorney for such worker or beneficiary, prior to the notice of appeal to the board if written application therefor is made by the attorney, worker, or beneficiary.))  A reasonable fee for services performed by an attorney for the worker or beneficiary may be fixed by the director on the director's own motion.  A reasonable fee shall be fixed by the director if, prior to the notice of appeal to the board, written application is made by any interested party.

          (2) If, on appeal to the board, the order, decision, or award of the department is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases where a party other than the worker or beneficiary is the appealing party and the worker's or beneficiary's right to relief is sustained by the board, the board ((shall fix a reasonable fee for the services of his or her attorney in proceedings before the board if written application therefor is made by the attorney, worker, or beneficiary))  may, on its own motion, fix a reasonable fee for services performed by the attorney for the worker or beneficiary in proceedings before the board.  A reasonable fee shall be fixed by the board if written application is made by any interested party.  In fixing the amount of such attorney's fee, the board shall take into consideration the fee allowed, if any, by the director, for services before the department, and the board may review the fee fixed by ((said)) the director.

(3) Any attorney's fee set by the department or the board may be reviewed by the superior court upon application of ((such attorney, worker, or beneficiary)) an interested party.  The department or self-insured employer, as the case may be, shall be served a copy of the application and shall be entitled to appear and take part in the proceedings.

(4) Where the board or the department, pursuant to this section, fixes the attorney's fee, it shall be unlawful for an attorney to charge or receive any fee for services before the board or in the department in excess of that fee ((fixed by the board)).  Any person who violates any provision of this ((section)) subsection shall be guilty of a misdemeanor.

(5) (a) For the purposes of subsection (1) of this section, "interested party" includes the attorney, the worker or the worker's authorized representative, the beneficiary, and the employer.

(b) For the purposes of subsections (2) and (3) of this section, "interested party" includes the attorney, the worker or the worker's authorized representative, the beneficiary, the employer, and the department.