Attorney Fees: Fee Dispute

Stumvoll v. Lauridsen [10/28/98] 1998 MTWCC 78 Under a standard fee agreement between claimant and her attorney, the attorney was entitled to receive "twenty percent (20%) of the amount of additional compensation payments the claimant receives due to the efforts of the attorney" if the matter was settled without an order of the workers' compensation judge or Supreme Court. Where the insurer had denied claimant was permanently totally disabled and the claimant's attorney thereafter obtained a concession that claimant is PTD, the attorney obtained additional benefits for claimant and was entitled to twenty-percent of PTD payments. See, Madill v. State Compensation Ins. Fund, 280 Mont. 280, 930 P.2d 665 (1997).

Schofield v. Chris Giovetti [2/7/96] 1996 MTWCC 12 WCC affirmed order of DOL hearing officer that attorney was not entitled to 20% of PPD benefits where fee contract allowed fees on benefits obtained "due to the efforts of the attorney" and claimant ultimately received amount of PPD benefits computed and offered by adjuster without input or involvement of attorney. The fact that claimant, on attorneys advice, went to mediation on request for additional PPD benefits does not change the fact that no additional PPD benefits were obtained due to efforts of attorney. Attorney awarded 20% of rehabilitation benefits, which were obtained with his efforts.