Milhart Contractors v. Yoder

JOANOS, Judge.

There is no statutory authority for the deputy commissioner’s order that the employer and carrier, Milhart Contractors and Auto Owners Insurance Company, respectively, (“E/C”) pay claimant’s attorney’s fee, therefore we reverse that order. In light of this reversal it is unnecessary to discuss the issue raised on cross-appeal.

The injury occurred on February 22,1980, thus the 1979 statute applies. Claimant was injured when he fell from a roof and fractured his skull. He was treated by Dr. Mozingo, who returned claimant to full employment as of May 5, 1980, although he continued…