(a) Whenever any fees or expenses are, under the provisions of this chapter, to be paid by the employer or insurer and not by the employee, the commissioner may make an award directly in favor of the person entitled to the fees or expenses, which award shall be filed in court, shall be subject to appeal and shall be enforceable by execution as in other cases. The award may be combined with an award for compensation in favor of or against the injured employee or the dependent or dependents of a deceased employee or may be the subject of an award covering only the fees and expenses.
(b) All fees of attorneys, physicians, podiatrists or other persons for services under this chapter shall be subject to the approval of the commissioner.
(1949 Rev., S. 7467; 1958 Rev., S. 31-194; 1961, P.A. 491, S. 53; P.A. 91-32, S. 34, 41.)
History: 1961 act entirely replaced previous provisions; P.A. 91-32 made technical changes, designated existing section as Subsec. (a) and added Subsec. (b) re approval of attorneys', physicians' and other fees by commissioner.
Cited. 103 C. 434.
Review board can review commissioner's award of attorney's fees for consistency with fee guidelines. 59 CA 816. Commissioner has authority to approve attorney's fees contained in an award separate from an award for compensation. 64 CA 301. Award of “reasonable attorney's fees” issued under section may, at the discretion of commissioner, include fees accrued by paralegals. 152 CA 116. The commissioner, and by extension the Workers' Compensation Commission, has the authority to adjudicate fee disputes among attorneys who have represented a claimant at different times during the pendency of a case before the commission. 179 CA 846.
Cited. 28 CS 5.
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