(a) If the employer or carrier declines to pay any compensation on
or before the 30th day after receiving written notice from the district
director of a claim for compensation having been filed, on the ground
that there is no liability for compensation within the provisions of
this Act, and the person seeking benefits shall thereafter have utilized
the services of an attorney at law in the successful prosecution of his
claim, there shall be awarded, in addition to the award of compensation,
in a compensation order, a reasonable attorney's fee against the
employer or carrier in an amount approved by the person, administrative
body or court before whom the service was performed, which shall be paid
directly by the employer or carrier to the attorney for the claimant in
a lump sum after the compensation order becomes final (Act, section
28(a)).
(b) If the employer or carrier pays or tenders payment of
compensation without an award pursuant to Sec. 702.231 and section 14
(a) and (b) of this Act, and thereafter a controversy develops over the
amount of additional compensation, if any, to which the employee may be
entitled, the district director, administrative law judge, or Board
shall set the matter for an informal conference and following such
conference the district director, administrative law judge, or Board
shall recommend in writing a disposition of the controversy. If the
employer or carrier refuses to accept such written recommendation,
within 14 days after its receipt by them, they shall pay or tender to
the employee in writing the additional compensation, if any, to which
they believe the employee is entitled. If the employee refuses to accept
such payment or tender of compensation, and thereafter utilizes the
services of an attorney at law, and if the compensation thereafter
awarded is greater than the amount paid or tendered by the employer or
carrier, a reasonable attorney's fee based solely upon the difference
between the amount awarded and the amount tendered or paid shall be
awarded in addition to the amount of compensation. The foregoing
sentence shall not apply if the controversy relates to degree or length
of disability, and if the employer or carrier offers to submit the case
for evaluation by physicians employed or selected by the district
director, as authorized by section 7(e) of the Act and Sec. 702.408, and
offers to tender an amount of compensation based upon the degree or
length of disability found by the independent medical report at such
time as an evaluation of disability can be made. If the claimant is
successful in review proceedings before the Board or court in any such
case an award may be made in favor of the claimant and against the
employer or carrier for a reasonable attorney's fee for claimant's
counsel in accord with the above provisions. In all other cases any
claim for legal services shall not be assessed against the employer or
carrier (see Act, section 28(b)).
