86.39 Fees — approval.
1. All fees or claims for legal, medical, hospital, and burial services rendered under this chapter and chapters 85, 85A, 85B, and 87 are subject to the approval of the workers’ compensation commissioner. For services rendered in the district court and appellate courts, the attorney fee is subject to the approval of a judge of the district court.
2. An attorney shall not recover fees for legal services based on the amount of compensation voluntarily paid or agreed to be paid to an employee for temporary or permanent disability under this chapter, or chapter 85, 85A, 85B, or 87. An attorney shall only recover a fee based on the amount of compensation that the attorney demonstrates would not have been paid to the employee but for the efforts of the attorney. Any disputes over the recovery of attorney fees under this subsection shall be resolved by the workers’ compensation commissioner.
[S13, §2477-m20, -m35; C24, 27, 31, 35, 39, §1462; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §86.39]
86 Acts, ch 1238, §50; 88 Acts, ch 1158, §14; 98 Acts, ch 1061, §11; 2000 Acts, ch 1007, §5; 2017 Acts, ch 23, §21, 24
Referred to in §85.27
2017 amendment applies to injuries occurring on or after July 1, 2017;
2017 Acts, ch 23, §24
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 86 - DIVISION OF WORKERS’ COMPENSATION
Section 86.1 - Workers’ compensation commissioner — term.
Section 86.2 - Appointment of deputies.
Section 86.3 - Duties of deputies.
Section 86.4 - Political activity and contributions.
Section 86.5 - Political promises.
Section 86.6 - Recommendations of commissioner.
Section 86.7 - Interest in affected business.
Section 86.10 - Records of employer — right to inspect.
Section 86.11 - Reports of injuries.
Section 86.12 - Failure to report.
Section 86.13 - Compensation payments.
Section 86.13A - Compliance monitoring and enforcement.
Section 86.14 - Contested cases.
Section 86.17 - Hearings — presiding officer — venue.
Section 86.18 - Hearings — evidence.
Section 86.19 - Reporting of proceedings.
Section 86.24 - Appeals within the agency.
Section 86.26 - Judicial review.
Section 86.27 - Settlement of controversy.
Section 86.29 - The judicial review petition.
Section 86.32 - Costs of judicial review.
Section 86.36 - Notice and service — resident and nonresident employers.
Section 86.38 - Examination by physician — fee.
Section 86.39 - Fees — approval.
Section 86.42 - Judgment by district court on award.
Section 86.43 - Judgment — modification.