House File 2305

                                       HOUSE FILE       
                                       BY  COMMITTEE ON COMMERCE,
                                           REGULATION AND LABOR

                                       (SUCCESSOR TO HSB 591)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the regulation of attorney fees in workers'
  2    compensation cases.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5358HV 80
  5 av/sh/8

PAG LIN

  1  1    Section 1.  Section 86.39, Code 2003, is amended to read as
  1  2 follows:
  1  3    86.39  FEES == APPROVAL.
  1  4    1.  All fees or claims for legal, medical, hospital, and
  1  5 burial services rendered under this chapter and chapters 85,
  1  6 85A, 85B, and 87 are subject to the approval of the workers'
  1  7 compensation commissioner.  For services rendered in the
  1  8 district court and appellate courts, the attorney's fee is
  1  9 attorney fees are subject to the approval of a judge of the
  1 10 district court judge.
  1 11    2.  Attorney fees for services rendered under this chapter
  1 12 and chapters 85, 85A, 85B, and 87 on behalf of an employee
  1 13 shall be limited to the maximum amounts of twenty=five percent
  1 14 of an award or settlement.  Attorney fees shall be paid by the
  1 15 employee from the proceeds of an award or settlement.  All
  1 16 attorney=client employment contracts for services rendered
  1 17 under this chapter and chapters 85, 85A, 85B, and 87 that are
  1 18 entered into and signed on or after January 1, 2005, shall be
  1 19 subject to the conditions of this section.
  1 20                           EXPLANATION
  1 21    This bill relates to the regulation of attorney fees in
  1 22 workers' compensation cases under Code chapters 85, 85A, 85B,
  1 23 86, and 87.  The bill provides that attorney fees in such
  1 24 cases are limited to the maximum amounts of 25 percent of an
  1 25 award or settlement.  The attorney fees are to be paid by the
  1 26 employee from the proceeds of the award or settlement.  The
  1 27 provisions of the bill apply to attorney=client employment
  1 28 contracts, for services rendered in workers' compensation
  1 29 cases, that are entered into and signed on or after January 1,
  1 30 2005.
  1 31 LSB 5358HV 80
  1 32 av/sh/8
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