Bustell v. AIG Claims Service, Inc.

¶1 Ann Bustell (Bustell) appeals from the judgment entered by the Workers’ Compensation Court (WCC) granting attorney fees at an hourly rate pursuant to § 39-71-614, MCA, instead of the foil contingency fee agreement amount between her and her attorney, Paul E. Toeniss (Toeniss). We affirm.

¶2 We restate the issues on appeal as follows:

¶3 1. Whether the WCC erred in holding the hourly attorney fee rule requirement of § 39-71-614, MCA (1999), passed constitutional scrutiny under substantive due process.

¶4 2. Whether the WCC erred in holding the hourly attorney fee rule requirement of §…