44-536.Attorney fees; limitations; lien; review of contracts and feesclaimed; matters to consider upon review; powers and duties of director andadministrative law judge.(a) With respect to any and all proceedings in connection with anyinitial or original claim for compensation, no claim of any attorney forservices rendered in connection with the securing of compensation for anemployee or the employee's dependents, whether secured by agreement, order,award or a judgment in any court shall exceed a reasonable amount forsuchservices or 25% of the amount ofcompensation recovered and paid,whichever is less, in addition to actualexpenses incurred, and subject to the other provisions of this section.Except as hereinafter provided in this section, in death cases, totaldisability and partial disability cases, the amount of attorneyfees shall not exceed 25% of the sum whichwouldbe due under the workers compensation act beyond 415 weeks of permanenttotal disability based upon the employee'saverage gross weekly wage prior to the date of the accident and subjectto the maximum weekly benefits provided in K.S.A. 44-510cand amendments thereto.
(b) All attorney fees in connection with the initial or originalclaim for compensation shall be fixed pursuant to a written contractbetween the attorney and the employee or the employee'sdependents, which shall be subject to approval by thedirector in accordance with this section. Every attorney, whether thedisposition of the original claim is byagreement, settlement, award, judgment or otherwise, shall file the attorneycontract with the director for review inaccordance with this section. The director shall review each such contractand the fees claimed thereunder as provided in this section and shallapprove such contract and fees only if both are in accordancewith all provisions of this section. Any claimsfor attorney fees not in excess of the limits provided in this sectionand approved by the director shall be enforceable as a lien on thecompensation due or to become due. The director shall specifically andindividually review each claim of an attorney for services rendered under theworkers compensation actin each case of a settlement agreement under K.S.A. 44-521 and amendmentsthereto or a lump-sum payment under K.S.A. 44-531 and amendments theretoas to the reasonableness thereof. Inreviewing the reasonableness of such claims for attorney fees, the directorshall consider the other provisions of this section and the following:
(1) The written offers of settlement received by the employee prior to execution of a writtencontract between the employee and the attorney; the employer shall attach tothe settlement worksheet copies of any written offers of settlement which weresent to the employee before the employer was aware that the employee had hiredan attorney;
(2) the time and labor required, the novelty and difficulty of thequestions involved and the skill requisite to perform the legal servicesproperly;
(3) the likelihood, if apparent to the employee or the employee'sdependents, that the acceptance of the particular case will preclude otheremployment by the attorney;
(4) the fee customarily charged in the locality for similar legal services;
(5) the amount of compensation involved and the results obtained;
(6) the time limitations imposed by the employee, by the employee'sdependents or by the circumstances;
(7) the nature and length of the professional relationship with theemployee or the employee's dependents; and
(8) the experience, reputation and ability of the attorney or attorneysperforming the services.
(c) No attorney fees shall be charged with respect to compensationfor medical expenses, except where an allowance is made for proposed orfuture treatment as a part of a compromise settlement.No attorney fees shall be charged with respect to vocational rehabilitationbenefits.
(d) No attorney fees shall be charged in connection with anytemporary total disability compensation unless the payment of suchcompensation in the proper amount is refused, or unless suchcompensation is terminated by the employer and the payment of suchcompensation is obtained or reinstated by the efforts of the attorney,whether by agreement, settlement, award or judgment.
(e) With regard to any claim where there is no dispute as to any ofthe material issues prior to representation of the claimant or claimantsby an attorney, or where the amount to be paid for compensation does notexceed the written offer made to the claimant or claimants by the employerpriorto execution of a written contract between the employeeand an attorney, the fees to any such attorney shallnot exceed either the sum of $250 or areasonable fee for the time actually spent by the attorney, asdetermined by the director, whichever is greater, exclusive ofreasonable attorney fees for any representation by such attorney inreference to any necessary probate proceedings.With regard to any claim where the amount to be paid for compensation doesexceed the written offer made prior to representation, fees for servicesrendered by anattorney shall not exceed the lesser of (1) a reasonable amount for suchservices; (2) an amount equal to the total of50% of that portion of theamount of compensation recoveredand paid, which is in excess of the amount of compensation offered to theemployee by the employer prior to the execution of a written contract betweenthe employee and the attorney; or (3) 25% of the totalamount of compensation recovered and paid as described in subsection (a).
(f) All attorney fees for representation of an employee or the employee'sdependents shall be only recoverable from compensation actually paidto such employee or dependents, except as specifically providedotherwise in subsection (g) and (h).
(g) In the event any attorney renders services to an employee or theemployee's dependents, subsequent to the ultimatedisposition of the initialand original claim, and in connection with an application for review andmodification, a hearing foradditional medical benefits, an application for penalties or otherwise,such attorney shall beentitled to reasonable attorney fees for such services, in additionto attorney fees received or which theattorney is entitled to receive by contract in connection with the originalclaim, and such attorney fees shall be awarded by the director on the basis ofthe reasonable and customary charges in the locality for such services andnot on a contingent fee basis. If the services rendered under thissubsection by an attorney result in an additional award of disabilitycompensation,the attorney fees shall be paid from such amounts of disabilitycompensation. Ifsuch services involve no additional award of disability compensation, butresult in an additional award of medical compensation, penalties, orother benefits, the directorshall fix the proper amount of such attorneyfees in accordancewiththis subsection and such fees shall be paid by the employer orthe workers compensation fund, if the fund is liable for compensation pursuantto K.S.A. 44-567 and amendments thereto, to the extent of the liability of thefund.If the services rendered herein result in a denial of additionalcompensation, the director may authorize a fee to be paid by therespondent.
(h) Any and all disputes regarding attorney fees, whether suchdisputes relate to which of one or more attorneys represents theclaimant or claimants or is entitled to the attorney fees, or adivision of attorney fees where the claimant or claimants are or havebeen represented by more than one attorney, or any other disputesconcerning attorney fees or contracts for attorney fees, shall beheard and determined by the administrative law judge, afterreasonable notice to all interested parties and attorneys.
(i) After reasonable notice and hearing before theadministrative law judge, anyattorney found to be in violation of any provision of this section shallbe required to make restitution of any excess fees charged.
44-536.Attorney fees; limitations; lien; review of contracts and feesclaimed; matters to consider upon review; powers and duties of director andadministrative law judge.(a) With respect to any and all proceedings in connection with anyinitial or original claim for compensation, no claim of any attorney forservices rendered in connection with the securing of compensation for anemployee or the employee's dependents, whether secured by agreement, order,award or a judgment in any court shall exceed a reasonable amount forsuchservices or 25% of the amount ofcompensation recovered and paid,whichever is less, in addition to actualexpenses incurred, and subject to the other provisions of this section.Except as hereinafter provided in this section, in death cases, totaldisability and partial disability cases, the amount of attorneyfees shall not exceed 25% of the sum whichwouldbe due under the workers compensation act beyond 415 weeks of permanenttotal disability based upon the employee'saverage gross weekly wage prior to the date of the accident and subjectto the maximum weekly benefits provided in K.S.A. 44-510cand amendments thereto.
(b) All attorney fees in connection with the initial or originalclaim for compensation shall be fixed pursuant to a written contractbetween the attorney and the employee or the employee'sdependents, which shall be subject to approval by thedirector in accordance with this section. Every attorney, whether thedisposition of the original claim is byagreement, settlement, award, judgment or otherwise, shall file the attorneycontract with the director for review inaccordance with this section. The director shall review each such contractand the fees claimed thereunder as provided in this section and shallapprove such contract and fees only if both are in accordancewith all provisions of this section. Any claimsfor attorney fees not in excess of the limits provided in this sectionand approved by the director shall be enforceable as a lien on thecompensation due or to become due. The director shall specifically andindividually review each claim of an attorney for services rendered under theworkers compensation actin each case of a settlement agreement under K.S.A. 44-521 and amendmentsthereto or a lump-sum payment under K.S.A. 44-531 and amendments theretoas to the reasonableness thereof. Inreviewing the reasonableness of such claims for attorney fees, the directorshall consider the other provisions of this section and the following:
(1) The written offers of settlement received by the employee prior to execution of a writtencontract between the employee and the attorney; the employer shall attach tothe settlement worksheet copies of any written offers of settlement which weresent to the employee before the employer was aware that the employee had hiredan attorney;
(2) the time and labor required, the novelty and difficulty of thequestions involved and the skill requisite to perform the legal servicesproperly;
(3) the likelihood, if apparent to the employee or the employee'sdependents, that the acceptance of the particular case will preclude otheremployment by the attorney;
(4) the fee customarily charged in the locality for similar legal services;
(5) the amount of compensation involved and the results obtained;
(6) the time limitations imposed by the employee, by the employee'sdependents or by the circumstances;
(7) the nature and length of the professional relationship with theemployee or the employee's dependents; and
(8) the experience, reputation and ability of the attorney or attorneysperforming the services.
(c) No attorney fees shall be charged with respect to compensationfor medical expenses, except where an allowance is made for proposed orfuture treatment as a part of a compromise settlement.No attorney fees shall be charged with respect to vocational rehabilitationbenefits.
(d) No attorney fees shall be charged in connection with anytemporary total disability compensation unless the payment of suchcompensation in the proper amount is refused, or unless suchcompensation is terminated by the employer and the payment of suchcompensation is obtained or reinstated by the efforts of the attorney,whether by agreement, settlement, award or judgment.
(e) With regard to any claim where there is no dispute as to any ofthe material issues prior to representation of the claimant or claimantsby an attorney, or where the amount to be paid for compensation does notexceed the written offer made to the claimant or claimants by the employerpriorto execution of a written contract between the employeeand an attorney, the fees to any such attorney shallnot exceed either the sum of $250 or areasonable fee for the time actually spent by the attorney, asdetermined by the director, whichever is greater, exclusive ofreasonable attorney fees for any representation by such attorney inreference to any necessary probate proceedings.With regard to any claim where the amount to be paid for compensation doesexceed the written offer made prior to representation, fees for servicesrendered by anattorney shall not exceed the lesser of (1) a reasonable amount for suchservices; (2) an amount equal to the total of50% of that portion of theamount of compensation recoveredand paid, which is in excess of the amount of compensation offered to theemployee by the employer prior to the execution of a written contract betweenthe employee and the attorney; or (3) 25% of the totalamount of compensation recovered and paid as described in subsection (a).
(f) All attorney fees for representation of an employee or the employee'sdependents shall be only recoverable from compensation actually paidto such employee or dependents, except as specifically providedotherwise in subsection (g) and (h).
(g) In the event any attorney renders services to an employee or theemployee's dependents, subsequent to the ultimatedisposition of the initialand original claim, and in connection with an application for review andmodification, a hearing foradditional medical benefits, an application for penalties or otherwise,such attorney shall beentitled to reasonable attorney fees for such services, in additionto attorney fees received or which theattorney is entitled to receive by contract in connection with the originalclaim, and such attorney fees shall be awarded by the director on the basis ofthe reasonable and customary charges in the locality for such services andnot on a contingent fee basis. If the services rendered under thissubsection by an attorney result in an additional award of disabilitycompensation,the attorney fees shall be paid from such amounts of disabilitycompensation. Ifsuch services involve no additional award of disability compensation, butresult in an additional award of medical compensation, penalties, orother benefits, the directorshall fix the proper amount of such attorneyfees in accordancewiththis subsection and such fees shall be paid by the employer orthe workers compensation fund, if the fund is liable for compensation pursuantto K.S.A. 44-567 and amendments thereto, to the extent of the liability of thefund.If the services rendered herein result in a denial of additionalcompensation, the director may authorize a fee to be paid by therespondent.
(h) Any and all disputes regarding attorney fees, whether suchdisputes relate to which of one or more attorneys represents theclaimant or claimants or is entitled to the attorney fees, or adivision of attorney fees where the claimant or claimants are or havebeen represented by more than one attorney, or any other disputesconcerning attorney fees or contracts for attorney fees, shall beheard and determined by the administrative law judge, afterreasonable notice to all interested parties and attorneys.
(i) After reasonable notice and hearing before theadministrative law judge, anyattorney found to be in violation of any provision of this section shallbe required to make restitution of any excess fees charged.
44-536.Attorney fees; limitations; lien; review of contracts and feesclaimed; matters to consider upon review; powers and duties of director andadministrative law judge.(a) With respect to any and all proceedings in connection with anyinitial or original claim for compensation, no claim of any attorney forservices rendered in connection with the securing of compensation for anemployee or the employee's dependents, whether secured by agreement, order,award or a judgment in any court shall exceed a reasonable amount forsuchservices or 25% of the amount ofcompensation recovered and paid,whichever is less, in addition to actualexpenses incurred, and subject to the other provisions of this section.Except as hereinafter provided in this section, in death cases, totaldisability and partial disability cases, the amount of attorneyfees shall not exceed 25% of the sum whichwouldbe due under the workers compensation act beyond 415 weeks of permanenttotal disability based upon the employee'saverage gross weekly wage prior to the date of the accident and subjectto the maximum weekly benefits provided in K.S.A. 44-510cand amendments thereto.
(b) All attorney fees in connection with the initial or originalclaim for compensation shall be fixed pursuant to a written contractbetween the attorney and the employee or the employee'sdependents, which shall be subject to approval by thedirector in accordance with this section. Every attorney, whether thedisposition of the original claim is byagreement, settlement, award, judgment or otherwise, shall file the attorneycontract with the director for review inaccordance with this section. The director shall review each such contractand the fees claimed thereunder as provided in this section and shallapprove such contract and fees only if both are in accordancewith all provisions of this section. Any claimsfor attorney fees not in excess of the limits provided in this sectionand approved by the director shall be enforceable as a lien on thecompensation due or to become due. The director shall specifically andindividually review each claim of an attorney for services rendered under theworkers compensation actin each case of a settlement agreement under K.S.A. 44-521 and amendmentsthereto or a lump-sum payment under K.S.A. 44-531 and amendments theretoas to the reasonableness thereof. Inreviewing the reasonableness of such claims for attorney fees, the directorshall consider the other provisions of this section and the following:
(1) The written offers of settlement received by the employee prior to execution of a writtencontract between the employee and the attorney; the employer shall attach tothe settlement worksheet copies of any written offers of settlement which weresent to the employee before the employer was aware that the employee had hiredan attorney;
(2) the time and labor required, the novelty and difficulty of thequestions involved and the skill requisite to perform the legal servicesproperly;
(3) the likelihood, if apparent to the employee or the employee'sdependents, that the acceptance of the particular case will preclude otheremployment by the attorney;
(4) the fee customarily charged in the locality for similar legal services;
(5) the amount of compensation involved and the results obtained;
(6) the time limitations imposed by the employee, by the employee'sdependents or by the circumstances;
(7) the nature and length of the professional relationship with theemployee or the employee's dependents; and
(8) the experience, reputation and ability of the attorney or attorneysperforming the services.
(c) No attorney fees shall be charged with respect to compensationfor medical expenses, except where an allowance is made for proposed orfuture treatment as a part of a compromise settlement.No attorney fees shall be charged with respect to vocational rehabilitationbenefits.
(d) No attorney fees shall be charged in connection with anytemporary total disability compensation unless the payment of suchcompensation in the proper amount is refused, or unless suchcompensation is terminated by the employer and the payment of suchcompensation is obtained or reinstated by the efforts of the attorney,whether by agreement, settlement, award or judgment.
(e) With regard to any claim where there is no dispute as to any ofthe material issues prior to representation of the claimant or claimantsby an attorney, or where the amount to be paid for compensation does notexceed the written offer made to the claimant or claimants by the employerpriorto execution of a written contract between the employeeand an attorney, the fees to any such attorney shallnot exceed either the sum of $250 or areasonable fee for the time actually spent by the attorney, asdetermined by the director, whichever is greater, exclusive ofreasonable attorney fees for any representation by such attorney inreference to any necessary probate proceedings.With regard to any claim where the amount to be paid for compensation doesexceed the written offer made prior to representation, fees for servicesrendered by anattorney shall not exceed the lesser of (1) a reasonable amount for suchservices; (2) an amount equal to the total of50% of that portion of theamount of compensation recoveredand paid, which is in excess of the amount of compensation offered to theemployee by the employer prior to the execution of a written contract betweenthe employee and the attorney; or (3) 25% of the totalamount of compensation recovered and paid as described in subsection (a).
(f) All attorney fees for representation of an employee or the employee'sdependents shall be only recoverable from compensation actually paidto such employee or dependents, except as specifically providedotherwise in subsection (g) and (h).
(g) In the event any attorney renders services to an employee or theemployee's dependents, subsequent to the ultimatedisposition of the initialand original claim, and in connection with an application for review andmodification, a hearing foradditional medical benefits, an application for penalties or otherwise,such attorney shall beentitled to reasonable attorney fees for such services, in additionto attorney fees received or which theattorney is entitled to receive by contract in connection with the originalclaim, and such attorney fees shall be awarded by the director on the basis ofthe reasonable and customary charges in the locality for such services andnot on a contingent fee basis. If the services rendered under thissubsection by an attorney result in an additional award of disabilitycompensation,the attorney fees shall be paid from such amounts of disabilitycompensation. Ifsuch services involve no additional award of disability compensation, butresult in an additional award of medical compensation, penalties, orother benefits, the directorshall fix the proper amount of such attorneyfees in accordancewiththis subsection and such fees shall be paid by the employer orthe workers compensation fund, if the fund is liable for compensation pursuantto K.S.A. 44-567 and amendments thereto, to the extent of the liability of thefund.If the services rendered herein result in a denial of additionalcompensation, the director may authorize a fee to be paid by therespondent.
(h) Any and all disputes regarding attorney fees, whether suchdisputes relate to which of one or more attorneys represents theclaimant or claimants or is entitled to the attorney fees, or adivision of attorney fees where the claimant or claimants are or havebeen represented by more than one attorney, or any other disputesconcerning attorney fees or contracts for attorney fees, shall beheard and determined by the administrative law judge, afterreasonable notice to all interested parties and attorneys.
(i) After reasonable notice and hearing before theadministrative law judge, anyattorney found to be in violation of any provision of this section shallbe required to make restitution of any excess fees charged.
