23-1069

23-1069. Attorney's fees; payment; time
limitation

A. In proceedings before the commission in which an attorney employed by the
claimant has rendered services reasonably necessary in processing the claim, the
commission shall, upon application filed by the attorney or the claimant prior to a final
disposition of the case, set a reasonable attorney's fee and shall provide for the
payment thereof from the award, in installments or otherwise, as the commission
determines proper in view of the award made, and shall further provide for the payment of
the attorney's fee direct to the attorney. The commission shall charge the amount of the
payment against the award to the claimant.

B. The attorney's fee provided for in subsection A shall be not more than
twenty-five per cent up to ten years from the date of the award. In cases involving
solely loss of earning capacity, the maximum shall be twenty-five per cent up to five
years from the date of the final award. When the payment of the award to the claimant is
made in installments, or in other than a lump sum manner, in no event may an amount in
excess of twenty-five per cent of any one such installment payment be withheld for the
attorney's fee.

C. The reasonableness of the attorney's fee set pursuant to subsection A shall be
reviewable upon the application of the claimant or the attorney in the same manner as
other awards of the commission.