Section 9080.10  Petition For Fees

 

a)        

1)         Whether a dispute has arisen between a Petitioner and his attorney or former attorney concerning the amount of payment of fees for services rendered or reimbursement of costs incurred in the prosecution of a claim, or a claim is made for fees in excess of the fees provided in Section 16(a) of the Workers' Compensation Act for extraordinary services, either the Petitioner or his attorney or former attorney may file with the Commission a Petition to Fix Fees which shall set forth the facts surrounding the dispute and the relief requested.

 

2)         On receipt of said Petition, the Commission shall set the matter down for hearing after giving at least ten (10) days notice to parties and all the attorneys for Petitioner.  After hearing, the Commission may enter an order dismissing the Petition or an award granting relief.

 

b)         The Commission may also enter an award setting partial attorney's fees for an attorney who has withdrawn based on the reasonable value of services rendered and the actual time expended.  This award shall be taken into consideration in fixing the final attorney's fees in the matter so that in no event shall the total of all attorney's fees awarded to all attorneys exceed that allowable under Section 16(a) of the Workers' Compensation Act.

 

(Source:  Amended at 6 Ill. Reg. 8040, effective July 1, 1982)

 

Section 9080.20  Payment of Proceeds of Litigation

 

Unless otherwise directed by the petitioner or the Commission, the respondent, its agent or insurance carrier, shall deliver the first payment of accrued compensation following an award or settlement to the offices of the attorney of record for the petitioner.  Unless otherwise directed by the petitioner or the Commission, all subsequent payments of an award shall be delivered to the petitioner.