Section 18.352. Attorney fees.

(1) Attorney fees shall only be paid when the  board  makes  an award to the claimant for medical expenses that the claimant has paid or for loss of earnings or loss of support, or both, payable to the claimant. The attorney shall not receive from the claimant or any other source an attorney fee attributable, in whole or part, to that portion of  an  award paid to medical providers.

(2)   When a board member decides a claim in favor of a claimant and the claimant does not appeal to the full board, the attorney fee  awarded  by the board member shall not exceed 15% of the amount awarded to  the claimant and is payable from the award.

(3)   When the full board decides a claim totally or partially in favor of a claimant and judicial review is not sought within 30 days  of   the  board decision, the attorney fee awarded by the board shall not exceed 15% of the amount awarded to the claimant and is payable from the award.

(4)   In cases involving judicial review, where the claimant prevailed in whole or in part, the board, upon conclusion of any further review of the claim, shall determine and allow attorney fees pursuant to  a     fee    request which is duly submitted or which has

been agreed upon with  the   attorney  of record. For purposes of this subrule only,  the attorney   fee   shall   not exceed 25% of the amount awarded to the claimant.

(5)   An attorney shall not charge, demand, receive, or collect any fee for services rendered in connection with any claim or appeal  or  in conjunction with review before the board or judicial review, except as allowed under this rule. However, an attorney may agree to accept a lesser attorney fee than is allowed by this rule and may agree to   waive  or   not accept any attorney fee.

(6)   In the event of subrogation under section 14 of the act, if private counsel is involved, the chair or board may agree to reimburse attorney fees up to 15% of the amount paid to the board by the victim or claimant.However, for good cause shown, the board may elect to waive the limitation on attorney fees imposed by subrule (1) of this rule.

(7)   If the board or a member of the board determines that the claimant will not suffer serious financial hardship, then attorney fees shall not be awarded.

History: 1983 AACS.