Gatte v. Coal Operators Casualty Company

SANDERS, Justice.

This workmen’s compensation proceeding presents for decision a single issue: whether statutory penalties and attorney’s fees should be assessed against the defendant insurance company.

After trial, the district court rendered judgment in favor of plaintiff for workmen’s compensation based on permanent and total disability, medical expenses in the sum of $2,500.00, a 12% statutory penalty on the accrued compensation and medical expenses, and attorney’s fees in the sum of $2,000.00. The insurance company appealed only from that portion of the judgment assessing penalties and…