Verdene Page v. McCain Foods, Inc.

J. JONES, Justice.

This appeal arises from a long-litigated worker’s compensation case, but revolves solely around the issue of attorney fees. Claimant’s counsel, L. Clyel Berry, argues that he is entitled to a 40% attorney fee award, based on a contingent fee agreement he entered into with Claimant VerDene Page. The Industrial Commission, however, awarded Berry a 30% attorney fee award pursuant to Idaho Code § 72-804, which requires an employer to pay reasonable attorney fees when it unreasonably withholds compensation from an injured employee. Berry filed a timely appeal to this Court.

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