ars 23- 1069

[ddbird@citlink.net]

it would seem that under ARS-23-1069, that after a settlement a lawyer can take %25 out of your monthly installment from WC forever or until you pass away? does any one know how that works?
also does any one know what ARS-12-1551 is. thank you[/size]

[1171]

what state?
i suspect the way it works is with every payment the employer or the carrier cuts 2 checks: one for the worker and the other for the atty unless the atty has arranged for a lump sum fee.

[Bad Boy Bad Boy]

23-1069. Attorney's fees; payment; time limitation

A. In proceedings before the commission in which an attorney employed by the claimant has rendered services reasonably necessary in processing the claim, the commission shall, upon application filed by the attorney or the claimant prior to a final disposition of the case, set a reasonable attorney's fee and shall provide for the payment thereof from the award, in installments or otherwise, as the commission determines proper in view of the award made, and shall further provide for the payment of the attorney's fee direct to the attorney. The commission shall charge the amount of the payment against the award to the claimant.

B. The attorney's fee provided for in subsection A shall be not more than twenty-five per cent up to ten years from the date of the award. In cases involving solely loss of earning capacity, the maximum shall be twenty-five per cent up to five years from the date of the final award. When the payment of the award to the claimant is made in installments, or in other than a lump sum manner, in no event may an amount in excess of twenty-five per cent of any one such installment payment be withheld for the attorney's fee.

C. The reasonableness of the attorney's fee set pursuant to subsection A shall be reviewable upon the application of the claimant or the attorney in the same manner as other awards of the commission.




ARS 12-1551. JUDGMENT LIENS ON REAL PROPERTY
12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions

A. The party in whose favor a judgment is given, at any time within five years after entry of the judgment and within five years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement.

B. An execution or other process shall not be issued upon a judgment after the expiration of five years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within five years from the date of the entry of the judgment or of its renewal.

C. The court shall not issue a writ of execution after the death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien.

D. This section does not apply to:

1. Criminal restitution orders entered pursuant to section 13-805.

2. Written judgments and orders for child support and spousal maintenance and to associated costs and attorney fees.

3. Judgments for supervision fees or expenses associated with the care of a juvenile pursuant to section 8-241 or 8-243 and to associated costs and attorney fees.

[ddbird@citlink.net]

1171 Wrote:what state?
i suspect the way it works is with every payment the employer or the carrier cuts 2 checks: one for the worker and the other for the atty unless the atty has arranged for a lump sum fee.

Arizona. -- ddbird

[ddbird@citlink.net]

Bad Boy Bad Boy Wrote:23-1069. Attorney's fees; payment; time limitation

A. In proceedings before the commission in which an attorney employed by the claimant has rendered services reasonably necessary in processing the claim, the commission shall, upon application filed by the attorney or the claimant prior to a final disposition of the case, set a reasonable attorney's fee and shall provide for the payment thereof from the award, in installments or otherwise, as the commission determines proper in view of the award made, and shall further provide for the payment of the attorney's fee direct to the attorney. The commission shall charge the amount of the payment against the award to the claimant.

B. The attorney's fee provided for in subsection A shall be not more than twenty-five per cent up to ten years from the date of the award. In cases involving solely loss of earning capacity, the maximum shall be twenty-five per cent up to five years from the date of the final award. When the payment of the award to the claimant is made in installments, or in other than a lump sum manner, in no event may an amount in excess of twenty-five per cent of any one such installment payment be withheld for the attorney's fee.

C. The reasonableness of the attorney's fee set pursuant to subsection A shall be reviewable upon the application of the claimant or the attorney in the same manner as other awards of the commission.




ARS 12-1551. JUDGMENT LIENS ON REAL PROPERTY
12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions

A. The party in whose favor a judgment is given, at any time within five years after entry of the judgment and within five years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement.

B. An execution or other process shall not be issued upon a judgment after the expiration of five years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within five years from the date of the entry of the judgment or of its renewal.

C. The court shall not issue a writ of execution after the death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien.

D. This section does not apply to:

1. Criminal restitution orders entered pursuant to section 13-805.

2. Written judgments and orders for child support and spousal maintenance and to associated costs and attorney fees.

3. Judgments for supervision fees or expenses associated with the care of a juvenile pursuant to section 8-241 or 8-243 and to associated costs and attorney fees.

It would look like ars 23-1069 is pretty straight forword, that there is a time limit. on a whim i got on one of those "ask a lawyer" for $18.00 dollors[/size] off the WC webpage, just to see what would come up, i think i would need a law degree to understand what they explained. i really did not expect much as my case is too complex. apparently there is a loop hole, and it had to do with ars 12-1551? but how does it tie in with ars 23-1069? my lawyer is shrewd, he dosen't tell me anything. and never has, he has been taking 25% for eighteen years. so he must feel legally comfotable with it. i just had a reassessment, which increased the money, i got a little more, his 25% tripled and it looks like it will go on till i pass away. this whole thing between WC & lawyers is stupafinglee frustrating. So where would one go to get an interpretation of this? when my case first started i was told by my lawyer not to ever have anything to do with WC, what if i went to WC and just asked them what's going on. Am i being naive? one more thing, were did you find ARS 12-1551? Thank you - ddbird