Wernle, Ristine & Ayers v. Yund

Summary

The Indiana Supreme Court held that the Indiana Workers’ Compensation Board has authority to approve or disallow fees charged by both treating and non-treating physicians, including an expert witness. The court affirmed an order providing that the claimant would not pay Dr. Nash’s expenses and concluded that the order did not necessarily conflict with the attorney-client fee agreement or Indiana Professional Conduct Rule 1.8(e).

Holdings

1. The Board's statutory authority to approve physicians' fees in workers' compensation matters encompasses fees charged by non-treating physicians, including physicians providing examinations, evaluations, consultation, and testimony. The Board therefore could determine that Dr. Nash was entitled to no fee for his services in this case.
2. The Board's order did not improperly conflict with the attorney-client agreement because the agreement itself limited attorney fees to amounts approved by the Board, and Yund had no contractual responsibility to reimburse Dr. Nash's fees after the Board determined that Dr. Nash was entitled to no fee.
3. The law firm failed to demonstrate that the Board's order necessarily required a violation of Indiana Professional Conduct Rule 1.8(e).

Questions Presented

1. Whether the Indiana Worker's Compensation Board had statutory authority to approve or disallow fees charged by a non-treating physician hired to examine a claimant and provide expert testimony.
2. Whether the Board's disallowance of Dr. Nash's fees conflicted with the attorney-client agreement requiring Yund to pay litigation expenses.
3. Whether the Board's order necessarily required the law firm to violate Indiana Professional Conduct Rule 1.8(e) by absorbing or paying the physician's expenses.

Disposition

affirmed