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Injured Workers Ass’n of Utah v. State, 2016 UT 21 (May 18, 2016)

May 18, 2016

The Injured Workers Association of Utah and several of its member attorneys challenged the constitutionality of the statute delegating to the Labor Commission authority to regulate fees awarded out of a compensation award to attorneys representing injured workers in a worker’s compensation case and the sliding-scale fee schedule and cap adopted by the Labor Commission under that statute. The Utah Supreme Court held that both the statute and schedule are unconstitutional because the regulation of attorney fees falls within the power to regulate the practice of law, which belongs exclusively to the Utah Supreme Court and cannot be delegated.