Form ERD050 "Attorney Retainer Agreement" - Montana

What Is Form ERD050?

This is a legal form that was released by the Montana Department of Labor and Industry - a government authority operating within Montana. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on May 1, 1995;
  • The latest edition provided by the Montana Department of Labor and Industry;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form ERD050 by clicking the link below or browse more documents and templates provided by the Montana Department of Labor and Industry.

ADVERTISEMENT
ADVERTISEMENT

Download Form ERD050 "Attorney Retainer Agreement" - Montana

Download PDF

Fill PDF online

Rate (4.8 / 5) 28 votes
STATE OF MONTANA
MAIL ROOM DATE
DEPARTMENT OF LABOR AND INDUSTRY
ATTORNEY RETAINER AGREEMENT
EMPLOYMENT RELATIONS DIVISION
P.O. BOX 8011
HELENA, MT 59604-8011
INSTRUCTIONS: Complete the form and return to Department for approval.
Attorney:
Claimant:
Address:
Address:
City/State/Zip:
City/State/Zip:
Date (s) of Accident:
Phone:
Employers:
The above-named claimant hereby employs the above-named attorney and the attorney agrees to represent claimant in his claim for
workers’ compensation or occupational disease benefits arising out of an industrial accident or occupational disease suffered by the
claimant on or about the above-noted day while employed by the above-noted employer and claimant hereby requests that the
Department of Labor and Industry enter the attorney as attorney of record and direct all future correspondence to said attorney.
Check A, B, or C as applicable:
A. Claimant and attorney agree to a fee schedule as follows:
For cases that have been settled without an order of the workers’ compensation judge or the Supreme Court twenty
percent (20%) of the amount of additional compensation payments the claimant receives due to the efforts of the
attorney.
For cases that go to a hearing before the worker’s compensation judge or the Supreme Court, twenty-five percent (25%)
of the amount of additional compensation payments the claimant receives from an order of the worker’s compensation
judge or the Supreme Court due to the efforts of the attorney.
B. Claimant and attorney agree that claimant shall pay for services rendered by attorney on behalf of claimant at the
rate of $
per hour (not more than $100.00 per hour); provided that the total fee shall not exceed the percentages
set forth above in subsection “A”.
C. Application is made for approval of a variance from the guideline fees to charge at the rate of
.
Documentation for the requested variance is attached. If the variance is not approved, the attorney and the claimant
agree to a fee of A
or
B, as set forth above.
Where the initial compensability of the claim is not in dispute, no fee shall be charged upon temporary total disability benefits paid
during the healing period or upon medical benefits. If the insurer has denied liability, the attorney fee shall apply to all monies, including
medical benefits, obtained for the claimant through the efforts of the attorney.
The following benefits shall not be considered as a basis for calculation of attorney fees:
(1)
The amount of medical and hospital benefits received by the claimant, unless the workers’ compensation insurer
has denied all liability, including medical and hospital benefits, or unless the insurer has denied the payment of
certain medical and hospital costs and the attorney has been successful in obtaining such benefits for the claimant.
(2)
Benefits received by the claimant with the assistance of the attorney in filling out initial claim forms only.
(3)
An undisputed portion of impairment benefits received by the claimant based on an impairment rating.
(4)
Benefits initiated or offered by the insurer when such initiation or offer is supported by documentation in the
claimant’s file and has not been the subject of a dispute with the claimant.
(5)
Any other benefits not obtained due to the actual, reasonable and necessary efforts of the attorney.
The claimant agrees to pay or reimburse all costs incurred by the attorney in investigating and prosecuting the claim.
Claimant does hereby authorize the attorney to act on his behalf exercising all powers authorized by the laws of the State
of Montana relating to the attorney-client relationship. It is understood by the claimant that the attorney may select co-
counsel as the attorney believes necessary and expeditious in handling the claim, and that any payment received by co-
counsel shall be made by sharing the above-referenced fee between the attorney and the co-counsel.
In the event a dispute arises between any claimant and the claimant’s attorney relative to attorney’s fee in a workers’
compensation claim, upon request of either the claimant or the attorney, or upon notice of any party of a violation of
Section 39-71-613, MCA or ARM 24.29.3802, the workers’ compensation court shall review the matter and issue an order
resolving the dispute pursuant to procedures set forth in ARM 24.29.201, et seq.
The attorney and claimant understand that the Department retains its authority to regulate the attorney fee amount in any
workers’ compensation case even though the contract of employment fully complies with Section 39-71-613, MCA, and
ARM 24.29.3802.
Claimant acknowledges a copy of this agreement and agrees that a copy be filed with the Department of Labor and
Industry.
DATED:
SOCIAL SECURITY #:
____________________________________
_______________________________
ATTORNEY SIGNATURE
CLIENT SIGNATURE
LOWER PORTION TO BE COMPLETED BY DEPARTMENT ONLY
This agreement is hereby:
APPROVED
A
B
C
NOT APPROVED
INITIALS: __________________
DATE:
ERD050 (New 02/90) Rev. 5/95
STATE OF MONTANA
MAIL ROOM DATE
DEPARTMENT OF LABOR AND INDUSTRY
ATTORNEY RETAINER AGREEMENT
EMPLOYMENT RELATIONS DIVISION
P.O. BOX 8011
HELENA, MT 59604-8011
INSTRUCTIONS: Complete the form and return to Department for approval.
Attorney:
Claimant:
Address:
Address:
City/State/Zip:
City/State/Zip:
Date (s) of Accident:
Phone:
Employers:
The above-named claimant hereby employs the above-named attorney and the attorney agrees to represent claimant in his claim for
workers’ compensation or occupational disease benefits arising out of an industrial accident or occupational disease suffered by the
claimant on or about the above-noted day while employed by the above-noted employer and claimant hereby requests that the
Department of Labor and Industry enter the attorney as attorney of record and direct all future correspondence to said attorney.
Check A, B, or C as applicable:
A. Claimant and attorney agree to a fee schedule as follows:
For cases that have been settled without an order of the workers’ compensation judge or the Supreme Court twenty
percent (20%) of the amount of additional compensation payments the claimant receives due to the efforts of the
attorney.
For cases that go to a hearing before the worker’s compensation judge or the Supreme Court, twenty-five percent (25%)
of the amount of additional compensation payments the claimant receives from an order of the worker’s compensation
judge or the Supreme Court due to the efforts of the attorney.
B. Claimant and attorney agree that claimant shall pay for services rendered by attorney on behalf of claimant at the
rate of $
per hour (not more than $100.00 per hour); provided that the total fee shall not exceed the percentages
set forth above in subsection “A”.
C. Application is made for approval of a variance from the guideline fees to charge at the rate of
.
Documentation for the requested variance is attached. If the variance is not approved, the attorney and the claimant
agree to a fee of A
or
B, as set forth above.
Where the initial compensability of the claim is not in dispute, no fee shall be charged upon temporary total disability benefits paid
during the healing period or upon medical benefits. If the insurer has denied liability, the attorney fee shall apply to all monies, including
medical benefits, obtained for the claimant through the efforts of the attorney.
The following benefits shall not be considered as a basis for calculation of attorney fees:
(1)
The amount of medical and hospital benefits received by the claimant, unless the workers’ compensation insurer
has denied all liability, including medical and hospital benefits, or unless the insurer has denied the payment of
certain medical and hospital costs and the attorney has been successful in obtaining such benefits for the claimant.
(2)
Benefits received by the claimant with the assistance of the attorney in filling out initial claim forms only.
(3)
An undisputed portion of impairment benefits received by the claimant based on an impairment rating.
(4)
Benefits initiated or offered by the insurer when such initiation or offer is supported by documentation in the
claimant’s file and has not been the subject of a dispute with the claimant.
(5)
Any other benefits not obtained due to the actual, reasonable and necessary efforts of the attorney.
The claimant agrees to pay or reimburse all costs incurred by the attorney in investigating and prosecuting the claim.
Claimant does hereby authorize the attorney to act on his behalf exercising all powers authorized by the laws of the State
of Montana relating to the attorney-client relationship. It is understood by the claimant that the attorney may select co-
counsel as the attorney believes necessary and expeditious in handling the claim, and that any payment received by co-
counsel shall be made by sharing the above-referenced fee between the attorney and the co-counsel.
In the event a dispute arises between any claimant and the claimant’s attorney relative to attorney’s fee in a workers’
compensation claim, upon request of either the claimant or the attorney, or upon notice of any party of a violation of
Section 39-71-613, MCA or ARM 24.29.3802, the workers’ compensation court shall review the matter and issue an order
resolving the dispute pursuant to procedures set forth in ARM 24.29.201, et seq.
The attorney and claimant understand that the Department retains its authority to regulate the attorney fee amount in any
workers’ compensation case even though the contract of employment fully complies with Section 39-71-613, MCA, and
ARM 24.29.3802.
Claimant acknowledges a copy of this agreement and agrees that a copy be filed with the Department of Labor and
Industry.
DATED:
SOCIAL SECURITY #:
____________________________________
_______________________________
ATTORNEY SIGNATURE
CLIENT SIGNATURE
LOWER PORTION TO BE COMPLETED BY DEPARTMENT ONLY
This agreement is hereby:
APPROVED
A
B
C
NOT APPROVED
INITIALS: __________________
DATE:
ERD050 (New 02/90) Rev. 5/95