2006 Utah Code - 34A-1-309 — Attorneys\' fees.

     34A-1-309.   Attorneys' fees.
     (1) In all cases coming before the commission in which attorneys have been employed, the commission is vested with full power to regulate and fix the fees of the attorneys.
     (2) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, an attorney may file an application for hearing with the Division of Adjudication to appeal a decision or final order to the extent it concerns the award of attorney fees.
     (3) (a) The commission may award reasonable attorneys' fees on a contingency basis when disability or death benefits or interest on disability or death benefits are generated.
     (b) Attorney fees awarded under Subsection (3)(a) shall be paid by the employer or its insurance carrier out of the award of disability or death benefits, or interest on disability or death benefits.
     (4) (a) If the commission orders that only medical benefits be paid, the commission may award reasonable attorneys' fee on a contingency basis for medical benefits ordered paid if:
     (i) the commission's informal dispute resolution mechanisms were fully used by the parties prior to adjudication; and
     (ii) at no time were disability or death benefits or interest on disability or death benefits at issue in the adjudication of the medical benefit claim.
     (b) Attorneys' fees awarded under Subsection (3)(a) shall be paid by the employer or its insurance carrier in addition to the payment of medical benefits ordered.

Amended by Chapter 9, 2001 General Session