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(a) This section does not apply to fees incurred in appellate proceedings.
(b) A fee under AS 23.30.145 (a) will only be awarded to an attorney licensed to practice law in this or another state. An attorney seeking a fee from an employer for services performed on behalf of an applicant must apply to the board for approval of the fee; the attorney may submit an application for adjustment of claim or a petition. An attorney requesting a fee in excess of the statutory minimum in AS 23.30.145 (a) must (1) file an affidavit itemizing the hours expended, as well as the extent and character of the work performed, and (2) if a hearing is scheduled, file the affidavit at least three working days before the hearing on the claim for which the services were rendered; at the hearing, the attorney may supplement the affidavit by testifying about the hours expended and the extent and character of the work performed after the affidavit was filed. If the request and affidavit are not in accordance with this subsection, the board will deny the request for a fee in excess of the statutory minimum fee, and will award the minimum statutory fee.
(c) Except as otherwise provided in this subsection, an attorney fee may not be collected from an applicant without board approval. A request for approval of a fee to be paid by an applicant must be supported by an affidavit showing the extent and character of the legal services performed. Board approval of an attorney fee is not required if the fee
(1) is to be paid directly to an attorney under the applicant's union-prepaid legal trust or applicant's insurance plan; or
(2) is a one-time-only charge to that particular applicant by the attorney, the attorney performed legal services without entering an appearance, and the fee does not exceed $300.
(d) The board will award a fee under AS 23.30.145 (b) only to an attorney licensed to practice law under the laws of this or another state.
(1) A request for a fee under AS 23.30.145 (b) must be verified by an affidavit itemizing the hours expended as well as the extent and character of the work performed, and, if a hearing is scheduled, must be filed at least three working days before the hearing on the claim for which the services were rendered; at hearing the attorney may supplement the affidavit by testifying about the hours expended and the extent and character of the work performed after the filing of the affidavit. Failure by the attorney to file the request and affidavit in accordance with this paragraph is considered a waiver of the attorney's right to recover a reasonable fee in excess of the statutory minimum fee under AS 23.30.145 (a), if AS 23.30.145 (a) is applicable to the claim, unless the board determines that good cause exists to excuse the failure to comply with this section.
(2) In awarding a reasonable fee under AS 23.30.145 (b) the board will award a fee reasonably commensurate with the actual work performed and will consider the attorney's affidavit filed under (1) of this subsection, the nature, length, and complexity of the services performed, the benefits resulting to the compensation beneficiaries from the services, and the amount of benefits involved.
(e) Fee contracts are not enforceable unless approved by the board. The board will not approve attorney's fees in advance in excess of the statutory minimum under AS 23.30.145 .
(f) The board will award an applicant the necessary and reasonable costs relating to the preparation and presentation of the issues upon which the applicant prevailed at the hearing on the claim. The applicant must file a statement listing each cost claimed, and must file an affidavit stating that the costs are correct and that the costs were incurred in connection with the claim. The following costs will, in the board's discretion, be awarded to an applicant:
(1) costs incurred in making a witness available for cross-examination;
(2) court reporter fees and costs of obtaining deposition transcripts;
(3) costs of obtaining medical reports;
(4) costs of taking the deposition of a medical expert, provided all parties to the deposition have the opportunity to obtain and review the medical records before scheduling the deposition;
(5) travel costs incurred by an employee in attending a deposition prompted by a Smallwood objection;
(6) costs for telephonic participation in a hearing;
(7) costs incurred in securing the services and testimony, if necessary, of vocational rehabilitation experts;
(8) costs incurred in obtaining the in-person testimony of physicians at a scheduled hearing;
(9) expert witness fees, if the board finds the expert's testimony to be relevant to the claim;
(10) long-distance telephone calls, if the board finds the call to be relevant to the claim;
(11) the costs of a licensed investigator, if the board finds the investigator's services to be relevant and necessary;
(12) reasonable costs incurred in serving subpoenas issued by the board, if the board finds the subpoenas to be necessary;
(13) reasonable travel costs incurred by an applicant to attend a hearing, if the board finds that the applicant's attendance is necessary;
(14) fees for the services of a paralegal or law clerk, but only if the paralegal or law clerk
(A) is employed by an attorney licensed in this or another state;
(B) performed the work under the supervision of a licensed attorney;
(C) performed work that is not clerical in nature;
(D) files an affidavit itemizing the services performed and the time spent in performing each service; and
(E) does not duplicate work for which an attorney's fee was awarded;
(15) duplication fees at 10 cents per page, unless justification warranting awarding a higher fee is presented;
(16) government sales taxes on legal services;
(17) other costs as determined by the board.
(g) Costs incurred in attending depositions not necessitated by a Smallwood objection may be awarded only where the board finds that attendance at the deposition was reasonable.
(h) Board approval of an attorney fee is not required if the fee is paid by the employer to the employer's attorney.
History: Eff. 5/28/83, Register 86; am 12/14/86, Register 100; am 3/16/90, Register 113
Authority: AS 23.30.005 (h)
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Last modified 7/05/2006