Sec. 12. Except as provided in section 12.1 of this chapter, the fees of attorneys and physicians and charges of nurses and hospitals for services under IC 22-3-2 through IC 22-3-6 shall be subject to the approval of the worker’s compensation board. When any claimant for compensation is represented by an attorney in the prosecution of his claim, the worker’s compensation board shall fix and state in the award, if compensation be awarded, the amount of the claimant’s attorney’s fees. The fee so fixed shall be binding upon both the claimant and his attorney, and the employer shall pay to the attorney out of the award the fee so fixed, and the receipt of the attorney therefor shall fully acquit the employer for an equal portion of the award; provided, that whenever the worker’s compensation board shall determine upon hearing of a claim that the employer has acted in bad faith in adjusting and settling said award, or whenever the worker’s compensation board shall determine upon hearing of a claim that the employer has not pursued the settlement of said claim with diligence, then the board shall, if compensation be awarded, fix the amount of the claimant’s attorney’s fees and such attorney fees shall be paid to the attorney and shall not be charged against the award to the claimant.

Formerly: Acts 1929, c.172, s.65; Acts 1965, c.217, s.3. As amended by P.L.144-1986, SEC.48; P.L.258-1997(ss), SEC.10; P.L.1-2006, SEC.338.