on attorney's fees -- Payment of attorney fees -- Form indicating payment
method selected -- Award by administrative law judge -- Fees for representing
employers.
(1) All fees of attorneys and physicians, and all charges of hospitals under this chapter,
shall be subject to the approval of an administrative law judge pursuant to the
statutes and administrative regulations.
(2) In an original claim, attorney's fees for services under this chapter on behalf of an
employee shall be subject to the following maximum limits:
(a) For attorney-client employment contracts entered into and signed after July
14, 2000, but before July 14, 2018, twenty percent (20%) of the first twenty-
five thousand dollars ($25,000) of the award, fifteen percent (15%) of the next
ten thousand dollars ($10,000), and five percent (5%) of the remainder of the
award, not to exceed a maximum fee of twelve thousand dollars ($12,000).
This fee shall be paid by the employee from the proceeds of the award or
settlement; and
(b) For attorney-client employment contracts entered into and signed on or after
July 14, 2018, twenty percent (20%) of the first twenty-five thousand dollars
($25,000) of the award, fifteen percent (15%) of the next twenty-five thousand
dollars ($25,000), and ten percent (10%) of the remainder of the award, not to
exceed a maximum fee of eighteen thousand dollars ($18,000). This fee shall
be paid by the employee from the proceeds of the award or settlement.
(3) In approving an allowance of attorney's fees, the administrative law judge shall
consider the extent, complexity, and quality of services rendered, and in the case of
death, the Remarriage Tables of the Dutch Royal Insurance Institute. An attorney's
fee may be denied or reduced upon proof of solicitation by the attorney. However,
this provision shall not be construed to preclude advertising in conformity with
standards prescribed by the Kentucky Supreme Court.
(4) No attorney's fee in any case involving benefits under this chapter shall be paid until
the fee is approved by the administrative law judge, and any contract for the
payment of attorney's fees otherwise than as provided in this section shall be void.
The motion for approval of an attorney's fee shall be submitted within thirty (30)
days following finality of the claim. Except when the attorney's fee is to be paid by
the employer or carrier, the attorney's fee shall be paid in one (1) of the following
ways:
(a) The employee may pay the attorney's fee out of his or her personal funds or
from the proceeds of a lump-sum settlement; or
(b) The administrative law judge, upon request of the employee, may order the
payment of the attorney's fee in a lump sum directly to the attorney of record
and deduct the attorney's fee from the weekly benefits payable to the employee
in equal installments over the duration of the award or until the attorney's fee
has been paid, commuting sufficient sums to pay the fee.
(5) At the commencement of the attorney-client relationship, the attorney shall explain
to the employee the methods by which this section provides for the payment of the
attorney's fee, and the employee shall select the method in which the attorney's fee
is to be paid. His or her selection and statement that he or she fully understands the
method to be used shall be submitted by his or her attorney, on a notarized form
signed by the employee, at the time the motion for approval of the attorney's fee is
submitted. The commissioner shall develop the format and content of the form to be
used pursuant to this section. The form to be used shall list on its face all options
permitted in this section for the payment of an attorney's fees and contain an
explanation in nontechnical language of each method.
(6) In a claim that has been reopened pursuant to the provisions of this chapter, an
attorney's fee may be awarded by the administrative law judge subject to the limits
set forth in subsection (2) of this section. In awarding the attorney's fee, the
administrative law judge shall consider the factors set forth in subsection (3) of this
section. If no additional amount is recovered upon reopening, no attorney's fee shall
be awarded. No attorney's fee shall be allowed or approved exceeding the amounts
provided in subsection (2)(a) of this section applicable to any additional amount
recovered.
(7) Attorney's fees for representing employers in proceedings under this chapter
pursuant to contract with the employer shall be subject to approval of the
administrative law judge in the same manner as prescribed for attorney
representation of employees. Employer attorney's fees are subject to the limitation
of eighteen thousand dollars ($18,000) maximum fees except that fees for
representing employers shall not be dependent upon the result achieved. Employer
attorney's fees may be paid on a periodic basis while a claim is adjudicated and the
payments need not be approved until the claims resolution process is completed. All
such approved fees shall be paid by the employer and in no event shall exceed the
amount the employer agreed by contract to pay.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 40, sec. 10, effective July 14, 2018. -- Amended
2017 Ky. Acts ch. 173, sec. 6, effective April 10, 2017. -- Amended 2010 Ky. Acts
ch. 24, sec. 1817, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 246, sec. 5,
effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 514, sec. 24, effective July
14, 2000. -- Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 17, effective
December 12, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 8, sec. 30, effective
April 4, 1994. -- Amended 1990 Ky. Acts ch. 352, sec. 1, effective July 13, 1990. --
Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 42, effective January 4, 1988. --
Amended 1974 Ky. Acts ch. 177, sec. 2. -- Amended 1972 Ky. Acts ch. 78, sec. 30. -
- Amended 1970 Ky. Acts ch. 16, sec. 6. -- Amended 1964 Ky. Acts ch. 192, sec. 25.
-- Amended 1956 Ky. Acts ch. 77, sec. 13. -- Amended 1952 Ky. Acts ch. 182, sec.
12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4942.
Notes of Decisions
Combs v. Hubb Coal Corp. (1996)
ky · cites it 25×
“320 authorizes an Administrative Law Judge (ALJ) to limit an attorney fee to a "reasonable" amount where the contractual agreement between the worker and the attorney provides for the maximum fee allowable by law. Having considered the arguments of the parties, as well as the…”
City of Louisville v. Slack (2001)
ky · cites it 24×
“2d 685 (1954), which concerned a challenge to "the constitutionality of KRS 342.320(2), Acts of 1952, Chapter 182, § 12, under which an employer is required to pay one-half of the claimant's attorney fee in the case of an award by the *811 Workmen's Compensation Board, growing…”
Turner v. Kentucky Bar Ass'n (1998)
ky · cites it 12×
“To resolve this issue, we must first determine whether KRS 342.320(9) is a legislative trespass upon judicial authority, in violation of the separation of powers provisions of the Constitution of Kentucky.”
Land v. Newsome (1981)
ky · cites it 10×
“" The Special Fund is not authorized to release any of the claimant's money in payment of attorney's fees until directed to do so by the Board pursuant to the approval mandated by the above mentioned provisions of KRS 342.320. One of the established rules of statutory…”
Earthgrains v. Cranz (1999)
kyctapp · cites it 20×
“Eastern Kentucky University and Earthgrains now petition this Court for review of the Board’s decision, again arguing that KRS 342.320(2) (c) is unconstitutional. Appellants first argue that the statute in question violates the due process and equal protection provisions of…”
Hamilton v. Desparado Fuels, Inc. (1993)
ky · cites it 12×
“OPINION OF THE COURT These cases concern whether the 1990 amendment to KRS 342.320, which removed the $6,500 cap on attorney’s fees for workers’ compensation cases, applies to those attorney’s fees awarded after its effective date for services relative to claims for injuries…”
Livingston County Farm Supply, Inc. v. Spencer (1979)
ky · cites it 10×
“The question presented is whether future benefits payable pursuant to a workmen's compensation award to continue during disability may be commuted to a lump sum for the purpose of the payment of the fee of the attorney for the claimant (KRS 342.320) or other benefit of the…”
Commonwealth, Transportation Cabinet v. Guffey (2001)
ky · cites it 8×
“Noting that KRS 342.320(2)(c) did not take into account the reasonableness of the employer’s appeal, the Board remanded the matter to the ALJ so that the employer could be ordered to pay the fee of the claimant’s attorney.”
Peabody Coal Co. v. Goforth (1993)
ky · cites it 7×
“KRS 342.320 governs the payment of fees to attorneys representing injured workers.”
Napier v. Scotia Coal Co. (1993)
ky · cites it 7×
“Both ALJs stated their belief that the attorney was entitled to a fee no greater than was provided for by KRS 342.320 at the time the representation was undertaken.”
Rager v. Crawford & Co. (2008)
ky · cites it 8×
“KRS 342.320 provides, in pertinent part, as follows: (2) In an original claim, attorney’s fees for services under this chapter on behalf of an employee shall be subject to the following maximum limits: (a) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000)…”
— Ky. Rev. Stat. § 342.320(1) — 13 cases
Combs v. Hubb Coal Corp. (1996)
ky
“320 authorizes an Administrative Law Judge (ALJ) to limit an attorney fee to a "reasonable" amount where the contractual agreement between the worker and the attorney provides for the maximum fee allowable by law. Having considered the arguments of the parties, as well as the…”
Land v. Newsome (1981)
ky
“" The Special Fund is not authorized to release any of the claimant's money in payment of attorney's fees until directed to do so by the Board pursuant to the approval mandated by the above mentioned provisions of KRS 342.320. One of the established rules of statutory…”
Hamilton v. Desparado Fuels, Inc. (1993)
ky
“OPINION OF THE COURT These cases concern whether the 1990 amendment to KRS 342.320, which removed the $6,500 cap on attorney’s fees for workers’ compensation cases, applies to those attorney’s fees awarded after its effective date for services relative to claims for injuries…”
— Ky. Rev. Stat. § 342.320(2) — 20 cases
Land v. Newsome (1981)
ky
“" The Special Fund is not authorized to release any of the claimant's money in payment of attorney's fees until directed to do so by the Board pursuant to the approval mandated by the above mentioned provisions of KRS 342.320. One of the established rules of statutory…”
Hamilton v. Desparado Fuels, Inc. (1993)
ky
“OPINION OF THE COURT These cases concern whether the 1990 amendment to KRS 342.320, which removed the $6,500 cap on attorney’s fees for workers’ compensation cases, applies to those attorney’s fees awarded after its effective date for services relative to claims for injuries…”
City of Louisville v. Slack (2001)
ky
“2d 685 (1954), which concerned a challenge to "the constitutionality of KRS 342.320(2), Acts of 1952, Chapter 182, § 12, under which an employer is required to pay one-half of the claimant's attorney fee in the case of an award by the *811 Workmen's Compensation Board, growing…”
— Ky. Rev. Stat. § 342.320(2)(a) — 7 cases
Rager v. Crawford & Co. (2008)
ky
“KRS 342.320 provides, in pertinent part, as follows: (2) In an original claim, attorney’s fees for services under this chapter on behalf of an employee shall be subject to the following maximum limits: (a) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000)…”
— Ky. Rev. Stat. § 342.320(2)(b) — 1 case
— Ky. Rev. Stat. § 342.320(2)(c) — 5 cases
City of Louisville v. Slack (2001)
ky
“2d 685 (1954), which concerned a challenge to "the constitutionality of KRS 342.320(2), Acts of 1952, Chapter 182, § 12, under which an employer is required to pay one-half of the claimant's attorney fee in the case of an award by the *811 Workmen's Compensation Board, growing…”
Earthgrains v. Cranz (1999)
kyctapp
“Eastern Kentucky University and Earthgrains now petition this Court for review of the Board’s decision, again arguing that KRS 342.320(2) (c) is unconstitutional. Appellants first argue that the statute in question violates the due process and equal protection provisions of…”
Commonwealth, Transportation Cabinet v. Guffey (2001)
ky
“Noting that KRS 342.320(2)(c) did not take into account the reasonableness of the employer’s appeal, the Board remanded the matter to the ALJ so that the employer could be ordered to pay the fee of the claimant’s attorney.”
Hamilton v. Desparado Fuels, Inc. (1993)
ky
“OPINION OF THE COURT These cases concern whether the 1990 amendment to KRS 342.320, which removed the $6,500 cap on attorney’s fees for workers’ compensation cases, applies to those attorney’s fees awarded after its effective date for services relative to claims for injuries…”
— Ky. Rev. Stat. § 342.320(2)(d) — 1 case
— Ky. Rev. Stat. § 342.320(2)(e) — 3 cases
Earthgrains v. Cranz (1999)
kyctapp
“Eastern Kentucky University and Earthgrains now petition this Court for review of the Board’s decision, again arguing that KRS 342.320(2) (c) is unconstitutional. Appellants first argue that the statute in question violates the due process and equal protection provisions of…”
City of Louisville v. Slack (2001)
ky
“2d 685 (1954), which concerned a challenge to "the constitutionality of KRS 342.320(2), Acts of 1952, Chapter 182, § 12, under which an employer is required to pay one-half of the claimant's attorney fee in the case of an award by the *811 Workmen's Compensation Board, growing…”
Commonwealth, Transportation Cabinet v. Guffey (2001)
ky
“Noting that KRS 342.320(2)(c) did not take into account the reasonableness of the employer’s appeal, the Board remanded the matter to the ALJ so that the employer could be ordered to pay the fee of the claimant’s attorney.”
— Ky. Rev. Stat. § 342.320(3) — 3 cases
— Ky. Rev. Stat. § 342.320(4) — 4 cases
Combs v. Hubb Coal Corp. (1996)
ky
“320 authorizes an Administrative Law Judge (ALJ) to limit an attorney fee to a "reasonable" amount where the contractual agreement between the worker and the attorney provides for the maximum fee allowable by law. Having considered the arguments of the parties, as well as the…”
Rager v. Crawford & Co. (2008)
ky
“KRS 342.320 provides, in pertinent part, as follows: (2) In an original claim, attorney’s fees for services under this chapter on behalf of an employee shall be subject to the following maximum limits: (a) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000)…”
— Ky. Rev. Stat. § 342.320(4)(a) — 1 case
Rager v. Crawford & Co. (2008)
ky
“KRS 342.320 provides, in pertinent part, as follows: (2) In an original claim, attorney’s fees for services under this chapter on behalf of an employee shall be subject to the following maximum limits: (a) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000)…”
— Ky. Rev. Stat. § 342.320(4)(b) — 4 cases
Rager v. Crawford & Co. (2008)
ky
“KRS 342.320 provides, in pertinent part, as follows: (2) In an original claim, attorney’s fees for services under this chapter on behalf of an employee shall be subject to the following maximum limits: (a) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000)…”
— Ky. Rev. Stat. § 342.320(5) — 2 cases
Combs v. Hubb Coal Corp. (1996)
ky
“320 authorizes an Administrative Law Judge (ALJ) to limit an attorney fee to a "reasonable" amount where the contractual agreement between the worker and the attorney provides for the maximum fee allowable by law. Having considered the arguments of the parties, as well as the…”
Rager v. Crawford & Co. (2008)
ky
“KRS 342.320 provides, in pertinent part, as follows: (2) In an original claim, attorney’s fees for services under this chapter on behalf of an employee shall be subject to the following maximum limits: (a) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000)…”
— Ky. Rev. Stat. § 342.320(5)(b) — 1 case
Combs v. Hubb Coal Corp. (1996)
ky
“320 authorizes an Administrative Law Judge (ALJ) to limit an attorney fee to a "reasonable" amount where the contractual agreement between the worker and the attorney provides for the maximum fee allowable by law. Having considered the arguments of the parties, as well as the…”
— Ky. Rev. Stat. § 342.320(6) — 1 case
— Ky. Rev. Stat. § 342.320(6)(b) — 4 cases
Napier v. Scotia Coal Co. (1993)
ky
“Both ALJs stated their belief that the attorney was entitled to a fee no greater than was provided for by KRS 342.320 at the time the representation was undertaken.”
— Ky. Rev. Stat. § 342.320(7) — 3 cases
Rager v. Crawford & Co. (2008)
ky
“KRS 342.320 provides, in pertinent part, as follows: (2) In an original claim, attorney’s fees for services under this chapter on behalf of an employee shall be subject to the following maximum limits: (a) Twenty percent (20%) of the first twenty-five thousand dollars ($25,000)…”
— Ky. Rev. Stat. § 342.320(9) — 1 case
Turner v. Kentucky Bar Ass'n (1998)
ky
“To resolve this issue, we must first determine whether KRS 342.320(9) is a legislative trespass upon judicial authority, in violation of the separation of powers provisions of the Constitution of Kentucky.”
— Ky. Rev. Stat. § 342.320(l)(a) — 1 case
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