HOUSE BILL REPORT

SB 5685

BYSenators Newhouse and McMullen

Revising provisions for attorneys' fees in industrial insurance appeals.

House Committe on Commerce & Labor

Majority Report:  Do pass.  (11)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, O'Brien, Prentice, Smith, Walker and Wolfe.

House Staff:Chris Cordes (786-7117)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR MARCH 28, 1989

BACKGROUND:

The industrial insurance law limits the amount an attorney may charge a claimant for services before the Department of Labor and Industries to a reasonable fee of not more than 30 percent of the increase in the award secured by the attorney's services.  The amount of the fee may be set by the Director of Labor and Industries. A request to set the fee must be made prior to the notice of an appeal to the Board of Industrial Insurance Appeals.

For legal services performed while the claim is within the jurisdiction of the Board of Industrial Insurance Appeals, a request for setting attorneys' fees must be made to the board.  Although no time limit is specified in statute, under the board's rules the request for a fee determination must be made within one year after a final order or decision.

SUMMARY:

A written application to the Department of Labor and Industries requesting a determination of attorneys' fees in an industrial insurance case must be made within one year from the date the department's final decision and order is communicated to the applicant.

The application requesting a determination of attorneys' fees with the Board of Industrial Insurance Appeals must be made within one year from the date the board's final decision and order is communicated to the applicant.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Sara Harmon, Board of Industrial Insurance Appeals.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Setting time periods for requesting attorneys' fee determinations will standardize the procedures and avoid processing stale claims.

House Committee - Testimony Against:      None Presented.