Second Injury Fund v. Furman

I disagree with our decision to deny an additional attorney’s fee to the appellee for prevailing in this appeal, and fail to understand why the Second Injury Fund will be deemed, for all practical purposes, immune from liability for attorney’s fees when it has caused those expenses to be incurred by the lawyer representing an injured worker in a case that we have decided in favor of the worker. It is fundamental workers’ compensation law that when a case has been controverted, in whole or in part, the Workers’ Compensation Commission shall direct the payment of legal fees by the employer or…