City of Purcell v. Wilbanks

JOPLIN, Judge:

¶ 1 Petitioner City of Purcell and the State Insurance Fund (collectively, Employer) seek review of an order of a three-judge panel of the Workers’ Compensation Court affirming the trial court’s order awarding attorney’s fees to Respondent Phil Wilbanks (Claimant) after granting Claimant’s motion to reopen on change of condition for the worse. In this proceeding, Employer asserts the Workers’ Compensation Court (1) erred as a matter of law in awarding attorney’s fees in the instant case exceeding the statutory maximum under 85 O.S. § 41(A) dictating that “attorney fees shall be…