§ 28-35-32 - Costs – Counsel and witness fees.
SECTION 28-35-32
§ 28-35-32 Costs – Counsel andwitness fees. – No fee shall be charged by the clerk of any court or by the administrator ofthe workers' compensation court for the performance of any service required bythis chapter, except for certified copies of decrees and copies of transcripts.Notwithstanding any provisions of law to the contrary, the workers'compensation court shall be allowed a filing fee of twenty dollars ($20.00) forthe filing of a petition under chapters 29 – 38 of this title, and afiling fee of twenty-five dollars ($25.00) for the filing of an appeal under§ 28-35-28, which sums shall be deposited to provide additional funding tothe uninsured employers fund as established by chapter 28-53. In proceedingsunder this chapter, and in proceeding under chapter 37 of this title, costsshall be awarded, including counsel fees and fees for medical and other expertwitnesses including interpreters, to employees who successfully prosecutepetitions for compensation, petitions for medical expenses, petitions to amenda preliminary order or memorandum of agreement, and all other employeepetitions, except petitions for lump sum commutation, and to employees whosuccessfully defend, in whole or in part, proceedings seeking to reduce orterminate any and all workers' compensation benefits, and to medical servicesproviders who successfully prosecute petitions for the payment of medicalexpenses except that medical services providers shall not be paid expertwitness fees for testimony in support of petitions filed in their behalf. Thesecosts shall be assessed against the employer by a single judge, by an appellatepanel and by the supreme court on appeal consistent with the services renderedbefore each tribunal and shall be made a part of the decree. No employee'sattorney shall accept any other or additional fees for his services for theparticular petition for which the fees are awarded in each tribunal.