McKinley v. American Dental Manufacturing Co.

This is an appeal of the amount of attorney fees awarded by the Workers’ Compensation Court in Ms. McKinley’s claim for disability benefits. We reverse and remand to the Workers’ Compensation Court.

Appellant State Compensation Insurance Fund (State Fund) states the issue is whether the lower court erred in ignoring offers of settlement made prior to trial in determining the attorney fee awardable under Section 39-71-612, MCA (1983).

The claimant Ms. McKinley suffered an industrial accident to her right hand, arm, and shoulder in January 1984. The State Fund paid temporary total disability…