Utah Supreme Court Holds That Worker's Compensation Attorney Fee Schedule Is Unconstitutional

In a decision that will certainly provide injured workers with a boost and allow more attorneys to represent injured workers, the Utah Supreme Court held that the Labor Commission's regulation of the amount of fees that can be paid to attorneys representing injured workers is unconstitutional under  the Utah Constitution's separation of powers clause.  You can access the decision here.

In a decision written by Justice Durham, the Utah Supreme Court held that Utah Code section 34A-1-309 and the Labor Commission's interpretive regulations violation Article VIII, Section 4 and Article V, Section 1, of the Utah Constitution because the Utah Supreme Court has the exclusive power to regulate the practice of law. The Court found that regulating the amount of attorneys' fees paid to an attorney goes to the very heart of the practice of law and regulating the practice of law in the State of Utah rests with the judicial branch, not the legislative branch

For employees who have suffered an injury at work, this decision will level the playing field and allow injured workers to find legal counsel who can represent employees in even the most difficult and time consuming cases. Attorneys will no longer be limited be limited by statute with regard to the amount of fees charged, but instead, will be regulated by rules of professional conduct, as in all other cases.

If you have been injured at work, or have questions about Utah's workers' compensation system, please contact one of our Utah workers' compensation attorneys, or contact us online at utahtriallawyers.net for more information.

At Stavros Law, we provide direction and deliver results for clients in Utah, the Mountain West and across the United States.