SENATE BILL REPORT

SB 6514

BYSenators Newhouse and McMullen; by request of Board of Industrial Insurance Appeals

Revising provisions for attorney's fees before the department of labor and industries and the board of industrial insurance appeals.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 22, 1990; January 23, 1990

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)

                February 9, 1990

AS PASSED SENATE, FEBRUARY 8, 1990

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.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Sara T. Harmon, Chair of Board of Industrial Insurance Appeals (pro)