GA Code § 34-9-108 (2021)
2021 Georgia Code|Title 34 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Article 3 - Procedure|Part 2 - Hearing and Appeals|§ 34-9-108. Approval of Attorney's Fees by Board; Assessment of Fees Against the Offending Party; Restrictions on Attorney Advertisement and Division of Fees; Payment of Fees or Expenses

  The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimant's award of weekly benefits or settlement.     Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorney's fee against the offending party.   If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his or her rights under that Code section and the claimant prevails, the reasonable quantum meruit fee of the attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer.   Any assessment of attorney's fees made under this subsection shall be in addition to the compensation ordered.   Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may, in addition to reasonable attorney's fees, award to the adverse party in whole or in part reasonable litigation expenses against the offending party. Reasonable litigation expenses under this subsection are limited to witness fees and mileage pursuant to Code Section 24-13-25; reasonable expert witness fees subject to the fee schedule; reasonable deposition transcript costs; and the cost of the hearing transcript.     An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is not a partner in or associate of his or her law firm or law office, unless:   The client consents to employment of the other attorney after a full disclosure that a fee division will be made;   The division is made in proportion to the services performed and the responsibility assumed by each; and   The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client.     When attorney's fees or reasonable litigation expenses are awarded under this Code section, the administrative law judge or the board shall have the authority to order payment of such fees or expenses on terms acceptable to the parties or within the discretion of the board.    (Ga. L. 1920, p. 167, § 61; Code 1933, § 114-712; Ga. L. 1937, p. 528; Ga. L. 1978, p. 2220, § 14; Ga. L. 1981, p. 805, § 1; Ga. L. 1984, p. 22, § 34; Ga. L. 1988, p. 13, § 34; Ga. L. 1992, p. 1942, § 12; Ga. L. 2001, p. 748, § 2; Ga. L. 2011, p. 99, § 49/HB 24.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article discussing attorney fees in workers' compensation claims, see 14 Ga. St. B. J. 187 (1978). For annual survey of workers' compensation, see 38 Mercer L. Rev. 431 (1986). For article, "Workers' Compensation," see 53 Mercer L. Rev. 521 (2001). For survey article on workers' compensation law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003). For annual survey of workers' compensation law, see 57 Mercer L. Rev. 419 (2005). For survey article on workers' compensation law, see 60 Mercer L. Rev. 433 (2008). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For annual survey on workers' compensation law, see 66 Mercer L. Rev. 247 (2014). For annual survey of workers' compensation, see 67 Mercer L. Rev. 287 (2015). For note on the 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Evidence   Reasonable Grounds    RESEARCH REFERENCES   Am. Jur. 2d.   - 82 Am. Jur. 2d, Workers' Compensation, § 626 et seq.   C.J.S.   - 101 C.J.S., Workers' Compensation, §§ 1568, 1569.   ALR.    - Constitutionality of statute penalizing unsuccessful appeal to courts from action of administrative board, 39 A.L.R. 1181.    Compensation of attorneys for services in connection with claim under Workmen's Compensation Act, 159 A.L.R. 912.   What constitutes "trial," "final trial," or "final hearing" under statute authorizing allowance of attorneys' fees as costs on such proceeding, 100 A.L.R.2d 397.   Workmen's compensation: attorney's fee or other expenses of litigation incurred by employee in action against third-party tort-feasor as charge against employer's distributive share, 74 A.L.R.3d 854.   Workers' compensation: availability, rate, or method of calculation of interest on attorney's fees or penalties, 79 A.L.R.5th 201.   Validity and enforceability of express fee-splitting agreements between attorneys, 11 A.L.R.6th 587.   Attorneys' fee awards under 5 USCS § 7701(g), which allows award of attorneys' fees to prevailing employee for appeal to merit systems protection board from adverse employment decision, 143 A.L.R. Fed. 145.