2020 Oklahoma Statutes
Title 85A. Administrative Workers' Compensation System
§85A-82. Claims for legal services.

A. 1. a.Each party shall be responsible for its legal services and litigation expenses. Fees for legal services may be reviewed by the Workers' Compensation Commission.

• b.An attorney representing an injured employee may only recover attorney fees up to ten percent (10%) of any temporary total disability or temporary partial disability compensation and twenty percent (20%) of any permanent partial disability, permanent total disability, or death compensation awarded to an injured employee by the Commission from a controverted claim. If the employer makes a written offer to settle permanent partial disability, permanent total disability, or death compensation and that offer is rejected, the employee's attorney may not recover attorney fees in excess of thirty percent (30%) of the difference between the amount of any award and the settlement offer.
• (1)Attorney fees may not be collected for recovery on noncontroverted claims.
• (2)Attorney fees shall not be awarded on medical benefits or services.
• (3)The fee for legal services rendered by an attorney representing an employee in connection with a change of physician requested by the injured employee, controverted by the employer, and awarded by the Commission, shall be Two Hundred Dollars ($200.00).
• (4)Attorney fees may include not more than ten percent (10%) of the value, or reasonable estimate thereof, of vocational rehabilitation services.
• c.A "controverted claim" means that the employer or the employer's insurance carrier has controverted whether there has been a compensable injury or whether the employee is entitled to temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, or death compensation. A request for a change in physician shall not trigger a controverted claim for purposes of recovering any attorney fees except the fees under division 3 of subparagraph b of this paragraph. A controverted claim shall not exist if the employee or his or her representative has withheld pertinent information in his or her possession related to the claim from the employer or has violated the provisions of Section 6 of this title.

2. In any case where attorney fees are allowed by the Commission, the limitations expressed in subparagraph b of paragraph 1 of this subsection shall apply.

3. Medical providers may voluntarily contract with the attorney for the employee to recover disputed charges, and the attorney may charge a reasonable fee for the cost of collection.

B. An attorney representing an employee under this act may not recover fees for services except as expressly provided in this section.

Added by Laws 2013, c. 208, § 82, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 31, emerg. eff. May 28, 2019.