39-71-614, MCA

39-71-614, MCA

Pinnow v. MSF [02/24/06] 2006 MTWCC 9 Pursuant to §§ 39-71-613, -614, MCA, the Court believes the 20 percent contingent fee is reasonable. Pursuant to § 39-71-614(3), MCA, the Court believes the parties entered into a binding contingent fee agreement and no mutual mistake of fact or any other defense has been raised upon which this Court could void that binding agreement.

[1999] Bustell v. AIG Claims Service and The Ins. Co. of PA [11/14/03] 2003 MTWCC 66 While the attorney fee regulation of the Department of Labor and Industry, ARM 24.29.3802, was expressly enacted under section 39-71-613, MCA (1999), subsection (2) of that section generally authorizes it to establish attorney fees. The provision in section 39-71-614(2), MCA (1999), limiting the Court to the Department's schedule when awarding attorney fees is mere recognition of the Department's authority under section 39-71-613, MCA. Affirmed in Bustell v. AIG Claims Service Inc., 2004 MT 362 (No. 04-124)

[1999] Bustell v. AIG Claims Service and The Ins. Co. of PA [11/14/03] 2003 MTWCC 66 Attorney fees which can be awarded by the Court must be based on the hours worked by the claimant's attorney and either his usual and customary hourly rate or the rate established by the Department of Labor and Industry, whichever is less. § 39-71-614(2), MCA (1999). Affirmed in Bustell v. AIG Claims Service Inc., 2004 MT 362 (No. 04-124)

[1985] Riley v. W.R. Grace [9/10/99] 1999 MTWCC 56 Attorneys fees must be awarded under a specific statutory provision. Section 39-71-613, MCA (1985) is not applicable to claim for attorneys fees following Declaratory Judgment action involving insurer's right to offset death benefits because the action did not involve a "hearing" as described within that statute. Fees are awarded under section 39-71-612, MCA (1985) because the dispute concerned "the amount of compensation due." The amount of attorneys fees is governed by section 39-71-614, MCA (1985), which awards fees based on the time spent by the attorney, not upon a contingency agreement.