Davis v. Jones

This action appears before us for the third time. The first two appeals concerned insurer’s liability under the Montana Workers’ Compensation Act for the injury that resulted in the death of claimant’s husband. See Davis v. Jones (1983), 203 Mont. 464, 661 P.2d 859; Davis v. Jones (Mont. 1985), [216 Mont. 300,] 701 P.2d 351, 42 St. Rep. 840. This appeal concerns insurer’s liability for claimant’s attorney fees.

Claimant contends that the fee due from insurer equals 50 percent of benefits awarded. Insurer contends that the fee due equals 40 percent. The parties also contest the propriety of…