Idaho Administrative Code
Title IDAPA 17 - Industrial Commission
Rule 17.01.01 - ADMINISTRATIVE RULES UNDER THE WORKER'S COMPENSATION LAW
Section 17.01.01.802 - RULE GOVERNING APPROVAL OF ATTORNEYS FEES
Universal Citation: ID Admin Code 17.01.01.802
Current through August 31, 2023
01. Purpose. The Industrial Commission promulgates this rule to govern the approval of attorney fees. (3-23-22)
02. Charges Presumed Reasonable: (3-23-22)
a. In a case in which no hearing on
the merits has been held, twenty-five percent (25%) of Available Funds shall be
presumed reasonable; or (3-23-22)
b. In a case in which a hearing has been held
and briefs submitted (or waived) under Judicial Rules of Practice and Procedure
(JRP), Rules X and XI, thirty percent (30%) of Available Funds shall be
presumed reasonable; or (3-23-22)
c. In any case in which compensation is paid
for total permanent disability, fifteen percent (15%) of such disability
compensation after ten (10) years from date such total permanent disability
payments commenced. (3-23-22)
03. Statement of Charging Lien. (3-23-22)
a. All requests for approval of fees
shall be deemed requests for approval of a Charging Lien. (3-23-22)
b. An attorney representing a Claimant in a
Worker's Compensation matter shall in any proposed LSS, or upon request of the
Commission, file with the Commission, and serve the Claimant with a copy of the
Fee Agreement, and an affidavit or memorandum containing: (3-23-22)
i. The date upon which the attorney became
involved in the matter; (3-23-22)
ii. Any issues which were undisputed at the
time the attorney became involved; (3-23-22)
iii. The total dollar value of all
compensation paid or admitted as owed by employer immediately prior to the
attorney's involvement; (3-23-22)
iv. Disputed issues that arose subsequent to
the date the attorney was hired; (3-23-22)
v. Counsel's itemization of compensation that
constitutes Available Funds; (3-23-22)
vi. Counsel's itemization of costs and
calculation of fees; and (3-23-22)
vii. The statement of the attorney
identifying with reasonable detail his or her fulfillment of each element of
the Charging Lien. (3-23-22)
c. Upon receipt and a determination of
compliance with this Rule by the Commission by reference to its staff, the
Commission may issue an Order Approving Fees without a hearing.
(3-23-22)
04. Procedure if Fees Are Determined Not to Be Reasonable. (3-23-22)
a. Upon receipt of the affidavit or
memorandum, the Commission will designate staff members to determine
reasonableness of the fee. The Commission staff will notify counsel in writing
of the staff's informal determination, which shall state the reasons for the
determination that the requested fee is not reasonable. Omission of any
information required by Paragraph 802.02.b. may constitute grounds for an
informal determination that the fee requested is not reasonable.
(3-23-22)
b. If counsel disagrees
with the Commission staff's informal determination, counsel may file, within
fourteen (14) days of the date of the determination, a Request for Hearing for
the purpose of presenting evidence and argument on the matter. Upon receipt of
the Request for Hearing, the Commission shall schedule a hearing on the matter.
A Request for Hearing shall be treated as a motion under Rule III(e), JRP.
(3-23-22)
c. The Commission shall
order an employer to release any Available Funds in excess of those subject to
the requested Charging Lien and may order payment of fees subject to the
Charging Lien which have been determined to be reasonable. (3-23-22)
d. The proponent of a fee which is greater
than the percentage of recovery stated in Subsection
802.02 shall have the burden of
establishing by clear and convincing evidence entitlement to the greater fee.
The attorney shall always bear the burden of proving by a preponderance of the
evidence his or her assertion of a Charging Lien and reasonableness of his or
her fee. (3-23-22)
05. Disclosure Statement. Upon retention, the attorney shall provide to Claimant a copy of a disclosure statement. No fee may be taken from a Claimant by an attorney on a contingency fee basis unless the Claimant acknowledges receipt of the disclosure by signing it. Upon request by the Commission, an attorney shall provide a copy of the signed disclosure statement to the Commission. The terms of the disclosure may be contained in the Fee Agreement, so long as it contains the following text: (3-23-22)
a. In worker's compensation matters,
attorney's fees normally do not exceed twenty-five percent (25%) of the
benefits your attorney obtains for you in a case in which no hearing on the
merits has been completed. In a case in which a hearing on the merits has been
completed, attorney's fees normally do not exceed thirty percent (30%) of the
benefits your attorney obtains for you. (3-23-22)
b. Depending upon the circumstances of your
case, you and your attorney may agree to a higher or lower percentage which
would be subject to Commission approval. Further, if you and your attorney have
a dispute regarding attorney fees, either of you may petition the Industrial
Commission, PO Box 83720, Boise, ID 83720-0041, to resolve the dispute.
(3-23-22)
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