Attorney Fees: Occupational Disease Cases

MacNeeley v. Everest National [6/12/02] 2002 MTWCC 35 Claimant suffering from an occupational disease is not entitled to attorney fees since the legislature repealed the attorney fee provision of the OD Act in 1999 and he would not qualify for fees under the Workers' Compensation Act (if applicable) since the insurer did not act unreasonably.

Polk v. Planet Ins. [8/17/01] 2001 MTWCC 44 Under section 39-72-613, MCA (1993), which provided for attorney fees in occupational disease cases in which the insurer requests a contested case hearing or appeals a Department determination of compensability to the Workers' Compensation Court, no attorney fees are allowable where the claimant made the original request for a Department hearing and the second hearing, at which claimant prevailed, was held only because the Supreme Court reversed a finding of non-compensability because of an error of law in the first proceeding.