Cosgrove v. Industrial Indemnity Company

The HONORABLE BERNARD W. THOMAS, District Judge, sitting in place of Mr. Chief Justice James T. Harrison,

delivered the opinion of the court.

Plaintiff appeals from an adverse judgment of the Worker’s Compensation Court. The sole issue to be considered is whether plaintiff is entitled to attorney fees under the provisions of section 92-616, R.C.M.1947, as amended by Chapter 173, Laws of 1974.

The facts are: Plaintiff was injured in the course of her employment on March 25, 1974. Defendant, as the employer’s insurance carrier under Plan Two of the Workmen’s Compensation Act accepted plaintiff’s…