Ohio Admin. Code 4121-3-10 - Lump sum payments for attorney's fees for securing an award
(A) An application
from an injured worker
claimant for lump sum payment for attorney's fees
is to contain a certification, , executed
by the attorney, listing the services rendered, all fees received prior to the
filing of the application for services in obtaining the award under which the
advancement to pay the fee is requested, and that the
claimant
injured
worker is liable for no further fee with respect to continuing
compensation except where a later dispute arises in the claim requiring
additional services by the attorney.
(B) The commission may approve, disapprove or
modify applications for a lump sum payment to pay such attorney's
fees, and may allow the payment of a reasonable fee after review of the
application and the supporting evidence. Advancements for attorney's fees shall be limited to an amount determined
periodically by the commission.
(C)
No lump sum payment for attorney's fees is to be granted from awards of
compensation made pursuant to division (A) of section
4123.56 or division (B) of
4123.56 of the Revised Code. No
lump sum payment for attorney's fees is to be granted from awards of
compensation made pursuant to division (A) of section
4123.57 of the Revised Code as
existed prior to the amendment effective August 22, 1986 for claims with dates
of injury, or dates of disability in occupational disease claims, prior to
August 22, 1986.
(D) If the
commission approves or modifies an application for the lump sum payment of
attorney's fees in a state fund claim, the claim shall be referred to the
administrator to determine the amount of the biweekly rate reduction and to set
the repayment schedule for the lump sum payment.
(E)
If the
commission approves or modifies an application for the lump sum payment of
attorney's fees in a self-insuring claim, the self-insuring employer may
request assistance from the administrator to determine the amount of the
biweekly rate reduction and to set the repayment schedule for the lump sum
payment.
Notes
Promulgated Under: 119.03
Statutory Authority: 4121.30; 4121.31; 4121.36
Rule Amplifies: 4121.36; 4123.25
Prior Effective Dates: 01/01/1964, 01/10/1978, 12/11/1978, 11/26/1979, 05/01/2002, 06/01/2008, 12/16/2012, 02/11/2017
Promulgated Under: 119.03
Statutory Authority: 4121.30; 4121.31; 4121.36
Rule Amplifies: 4121.36; 4123.25
Prior Effective Dates: 01/01/1964, 01/10/1978, 12/11/1978, 11/26/1979, 05/01/2002, 06/01/2008, 12/16/2012, 02/11/2017
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