There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 342 WORKERS' COMPENSATION
342.320 Approval of attorney's and physician's fees and hospital charges -- Limits on attorney's fees -- Payment of attorney fees.
Download pdfstatutes and administrative regulations. (2) In an original claim, attorney's fees for services under this chapter on behalf of an employee shall be subject to the following maximum limits:
(a) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000) of the award, fifteen percent (15%) of the next ten thousand dollars ($10,000),
and five percent (5%) of the remainder of the award, not to exceed a
maximum fee of twelve thousand dollars ($12,000). This fee shall be paid by
the employee from the proceeds of the award or settlement; and (b) Attorney-client employment contracts entered into and signed after July 14, 2000, shall be subject to the conditions of paragraph (a) of this subsection. (3) In approving an allowance of attorney's fees, the administrative law judge shall consider the extent, complexity, and quality of services rendered, and in the case of
death, the Remarriage Tables of the Dutch Royal Insurance Institute. An attorney's
fee may be denied or reduced upon proof of solicitation by the attorney. However,
this provision shall not be construed to preclude advertising in conformity with
standards prescribed by the Kentucky Supreme Court. (4) No attorney's fee in any case involving benefits under this chapter shall be paid until the fee is approved by the administrative law judge, and any contract for the
payment of attorney's fees otherwise than as provided in this section shall be void.
The motion for approval of an attorney's fee shall be submitted within thirty (30)
days following finality of the claim. Except when the attorney's fee is to be paid by
the employer or carrier, the attorney's fee shall be paid in one (1) of the following
ways:
(a) The employee may pay the attorney's fee out of his or her personal funds or from the proceeds of a lump-sum settlement; or (b) The administrative law judge, upon request of the employee, may order the payment of the attorney's fee in a lump sum directly to the attorney of record
and deduct the attorney's fee from the weekly benefits payable to the employee
in equal installments over the duration of the award or until the attorney's fee
has been paid, commuting sufficient sums to pay the fee. (5) At the commencement of the attorney-client relationship, the attorney shall explain to the employee the methods by which this section provides for the payment of the
attorney's fee, and the employee shall select the method in which the attorney's fee
is to be paid. His or her selection and statement that he or she fully understands the
method to be used shall be submitted by his or her attorney, on a notarized form
signed by the employee, at the time the motion for approval of the attorney's fee is
submitted. The commissioner shall develop the format and content of the form to be
used pursuant to this section. The form to be used shall list on its face all options Page 2 of 2 permitted in this section for the payment of an attorney's fees and contain an
explanation in nontechnical language of each method. (6) The General Assembly declares that by the enactment of KRS 342.316(3), it is the legislative intent to encourage settlement and prompt administrative handling of
those claims and thereby reduce expenses to claimants for compensation under the
provisions of KRS 342.316, and the administrative law judge shall give due regard
to this legislative intent in the handling of uncontested claims and the allowance of
attorney's fees therein. (7) In a claim that has been reopened pursuant to the provisions of this chapter, an attorney's fee may be awarded by the administrative law judge subject to the limits
set forth in subsection (2) of this section. In awarding the attorney's fee, the
administrative law judge shall consider the factors set forth in subsection (3) of this
section. If no additional amount is recovered upon reopening, no attorney's fee shall
be awarded. No attorney's fee shall be allowed or approved exceeding the amounts
provided in subsection (2)(a) of this section applicable to any additional amount
recovered. (8) Attorney's fees for representing employers in proceedings under this chapter pursuant to contract with the employer shall be subject to approval of the
administrative law judge in the same manner as prescribed for attorney
representation of employees. Employer attorney's fees are subject to the limitation
of twelve thousand dollars ($12,000) maximum fees except that fees for
representing employers shall not be dependent upon the result achieved. Employer
attorney's fees may be paid on a periodic basis while a claim is adjudicated and the
payments need not be approved until the claims resolution process is completed.
Fees for legal services in presenting a claim for reimbursement from the Kentucky
coal workers' pneumoconiosis fund shall not exceed one thousand dollars ($1,000).
All such approved fees shall be paid by the employer and in no event shall exceed
the amount the employer agreed by contract to pay. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1817, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 246, sec. 5, effective July 15, 2002. -- Amended 2000
Ky. Acts ch. 514, sec. 24, effective July 14, 2000. -- Amended 1996 (1st Extra. Sess.)
Ky. Acts ch. 1, sec. 17, effective December 12, 1996. -- Amended 1994 Ky. Acts
ch. 181, Part 8, sec. 30, effective April 4, 1994. -- Amended 1990 Ky. Acts ch. 352,
sec. 1, effective July 13, 1990. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1,
sec. 42, effective January 4, 1988. -- Amended 1974 Ky. Acts ch. 177, sec. 2. --
Amended 1972 Ky. Acts ch. 78, sec. 30. -- Amended 1970 Ky. Acts ch. 16, sec. 6. --
Amended 1964 Ky. Acts ch. 192, sec. 25. -- Amended 1956 Ky. Acts ch. 77, sec. 13.
-- Amended 1952 Ky. Acts ch. 182, sec. 12. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4942.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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