92-618, RCM (1915-1977)

Arneson v. Travelers Property Casualty [02/28/06] 2006 MTWC 7 Where Petitioner argued that prior to his filing a petition, Respondent failed to pay medical benefits for which it was liable, and Respondent paid the benefits after the petition was filed but prior to trial, Petitioner cannot recover attorney fees under 92-618, RCM, because the statute requires that there must be a controversy in the amount due, the judge must adjudicate the controversy, and the judge must award more than the insurer paid or offered to pay.