Clarke v. Massey

David Clarke (Clarke) appeals from the Workers’ Compensation Court’s order and judgment dated January 27,1995, dismissing with prejudice his petition for attorney fees under § 39-71-611, MCA. We affirm.

Background

This case began with Clarke’s claim for compensation for on-the-job injuries sustained in February 1990. As it turned out, Clarke’s employer, Scott Massey d/b/a All Seasons Construction and Truss Fabrication (Massey), did not carry workers’ compensation insurance. Accordingly, Clarke’s workers’ compensation benefits were paid by the Uninsured Employers’ Fund (Fund), which, in turn,…