Benefits: Social Security Offset: Reduction for Attorney Fees

Flynn v. State Fund [8/5/03] 2003 MTWCC 55 Flynn v. State Compensation Ins. Fund, 2002 MT 279, 312 Mont. 410, 60 P.3d 397, which requires the insurer to absorb a pro-rata share of attorney fees incurred in securing social security disability benefits which are offset against workers' compensation total disability benefits, must be applied retroactively.