Paulsen v. Bonanza Steak House

MR. JUSTICE SHEEHY,

specially concurring:

I concur with the majority and add the following:

In this case, the Workers’ Compensation Court accepted, or at least relied heavily on, the testimony of Norman Grosfield, that the usual and customary fees assessed in Montana by Montana lawyers was the yardstick to which the Workers’ Compensation Court was bound in fixing the attorney fees in this case.

In leading the Workers’ Compensation Court to use the usual and customary fees of other lawyers, Grosfield misinterpreted or misapprehended what the legislature intended in adopting the 1985 revisions to…