SENATE BILL REPORT

SB 5685

BYSenators Newhouse and McMullen

Revising provisions for attorneys' fees in industrial insurance appeals.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 16, 1989; February 28, 1989

Majority Report:  Do pass.

      Signed by Senators Lee, Chairman; Anderson, Vice Chairman; McMullen, Murray, Saling, Smitherman, Warnke, West, Williams.

Senate Staff:David Cheal (786-7576)

                  March 15, 1989

AS PASSED SENATE, MARCH 14, 1989

BACKGROUND:

The industrial insurance law limits the amount an attorney may charge a claimant, and indicates when the application for attorneys' fees must be made.  For legal services performed while the claim is within the jurisdiction of the Department of Labor and Industries, an application must be made to the director prior to the notice of 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, an application for allowance of attorneys' fees must be made to the board.  No time limit for the application is specified.

SUMMARY:

The deadline for filing a written application to the Department of Labor and Industries for allowance of attorneys' fees is one year from the date the final decision and order is communicated to the applicant.

The deadline for filing an application for allowance of attorneys' fees with the Board of Industrial Insurance Appeals is one year from the date the final decision and order is communicated to the applicant.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Frank Fennerty, Board of Industrial Insurance Appeals (pro)