Legal Opinion · Concurring in part, dissenting in part

Wight v. Hughes Livestock Co., Inc.

Montana Supreme Court

Decided May 16, 1983No. 82-061Published

1Concurring in part, dissenting in partJustice Harrison

I concur in the majority’s decision to remand this case to the Workers’ Compensation Court. However, my views are not in complete accordance with the majority.

For the most part, I agree with the majority’s view of the net recovery concept, however, I would have expanded somewhat. The majority frames the question of net recovery as follows: “whether a successful claimant for Workers’ Compensation benefits should be required under the statutes to pay any part of his incurred attorneys fees.” The majority thoroughly discussed the net recovery concept as *118well as the ultimate purpose of Workers’…

2Cases cited4 opinions

  1. Mckittrick v. GardnerCourt of Appeals for the Fourth Circuit · 1967
  2. Crncevich v. Georgetown Recreation CorporationMontana Supreme Court · 1975
  3. Rauser v. Toston Irrigation DistrictMontana Supreme Court · 1977
  4. Continental Insurance v. HortonMontana Supreme Court · 1980

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