WORKMEN'S COMPENSATION 3699

under this Article, determines that such proceedings have not been so
brought upon reasonable ground, it shall assess the whole cost of the pro-
ceeding upon the party who has so brought them. Claims for legal services
in connection with any claims arising under this Article and claims for
services or treatment rendered or supplies furnished pursuant to Section
49 of this Article, shall not be enforceable unless approved by the Com-
mission. If so approved, such claim or claims shall become a lien upon the
compensation awarded, but shall be paid therefrom only in the manner
fixed by the Commission. Upon application of any party in interest, the
Commission shall have full power to hear and determine any and all
questions which may arise concerning legal services rendered in connection
with any claim under this Article, and may order any attorney or other
person receiving the same, to refund to the person paying the same, any
portion of any charge for legal services which the Commission may, in its
discretion, deem excessive. Orders of the Commission regulating payments
and refunds for legal services may be enforced in the courts of this State
in like manner as awards for compensation under this Article.
See notes to sec. 14.

Miscellaneous.

An. Code, 1924, sec. 58. 1912, sec. 58. 1914, ch. 800, sec. 57. 1920, ch. 456, sec. 58.

1922, ch. 303, sec. 58.

72. Where injury or death for which compensation is payable under
this Article, was caused under circumstances creating a legal liability in
some person other than the employer to pay damages in respect thereof,
the employee, or in the case of death, his personal representatives or depen-
dents as hereinbefore defined, may proceed either by law against that
other person to recover damages or against the employer for compensation
under this Article, or in case of joint tortfeasors against both; and if
compensation is claimed and awarded or paid under this Article, any
employer, if he is self-insured, insurance company, association or the State
Accident Fund, may enforce for their benefit, as the case may, the liability
of such other person; provided, however, if damages are recovered in
excess of the compensation already paid or awarded to be paid under this
Article, and also any payments made for medical or surgical services, fu-
neral expenses or for any of the other purposes enumerated in Section 49
of this Article, then any such excess shall be paid to the injured employee,
or in case of death to his dependents less the expenses and costs of action
incurred by the employer, insurance company, association or State Acci-
dent Fund as the case may be. If any such employer, insurance company,
association or State Accident Fund shall not, within two months from the
passage of the award of this Commission, start proceedings to enforce the
liability of such other person, the injured employee, or in case of death,
his dependents, may enforce the liability of such other person provided,
however, that if damages are recovered the injured employee or in case
of death his dependents may first retain therefrom the expenses and costs
of action for which the employer, insurance company, association or the
State Accident Fund, as the case may be, shall be reimbursed for the com-
pensation already paid or awarded and any amount or amounts paid for
medical or surgical services, funeral expenses or for any of the other pur-
poses enumerated in Section 49 of this Article, and the balance in excess
of these items shall enure to the injured employee, or in case of death, to