§ 82. Claims for legal service
Oklahoma Statutes AnnotatedTitle 85A. Workers’ CompensationEffective: May 28, 2019
Effective: May 28, 2019
85A Okl.St.Ann. § 82
§ 82. Claims for legal service
b. An attorney representing an injured employee may only recover attorney fees up to ten percent (10%) of any temporary total disability or temporary partial disability compensation and twenty percent (20%) of any permanent partial disability, permanent total disability, or death compensation awarded to an injured employee by the Commission from a controverted claim. If the employer makes a written offer to settle permanent partial disability, permanent total disability, or death compensation and that offer is rejected, the employee's attorney may not recover attorney fees in excess of thirty percent (30%) of the difference between the amount of any award and the settlement offer.
c. A “controverted claim” means that the employer or the employer's insurance carrier has controverted whether there has been a compensable injury or whether the employee is entitled to temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, or death compensation. A request for a change in physician shall not trigger a controverted claim for purposes of recovering any attorney fees except the fees under division 3 of subparagraph b of this paragraph. A controverted claim shall not exist if the employee or his or her representative has withheld pertinent information in his or her possession related to the claim from the employer or has violated the provisions of Section 6 of this title.
Credits
Laws 2013, c. 208, § 82, eff. Feb. 1, 2014; Laws 2019, c. 476, § 31, emerg. eff. May 28, 2019.
85A Okl. St. Ann. § 82, OK ST T. 85A § 82
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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