Wall v. Conn Welding & Machine Co.

Opinion by

Watkins, J.,

This is a workmen’s compensation case where the injury was caused by the negligence of a third party. The question before us is whether the employer is liable for the pro rata share of counsel fees based, not only on the amount of compensation already paid but also on the amount of future compensation the employer is relieved from paying as the result of a settlement obtained by the claimant against a third party tortfeasor.

There is no dispute about the facts in this case. On July 26, 1956, Kenneth O. Paden was an employe of the defendant-appellant, Conn Welding &…