When an injury or death on the job is claimed, the employer may file an objection. An objection sends the case into a contested status.

Current law provides that a hearing examiner or a district court with a contested case under workers’ compensation may appoint an attorney to represent the employee (or his/her survivors), and may allow the appointed attorney a reasonable fee for services, paid from the workers’ compensation account.

HB 201 proposed to expand this provision to give the hearing examiner or district court the authority to allow the attorney reasonable fees and reasonable litigation expenses, which are usually for expert witnesses.

Proponents of HB 201 argued that an employee cannot get a fair hearing or trial without expert witnesses, but may not be able to afford them; yet the Workers’ Compensation Division has a virtually unlimited budget to hire expert witnesses to fight claims.

Opponents responded with the cost argument, pointing out that expert witnesses are often expensive, so that payment of expert witness fees would place another burden on the workers’ compensation fund.

HB 201 was referred to the House Labor, Health & Social Services Committee, where it barely passed on a 5-4 vote. It subsequently died on General File in the House (was not brought up for debate).