Peterson v. State Compensation Department

The issue in this case is whether an attorney fee is to be allowed to a claimant’s attorney, before there has been a hearing on the merits of the claim, where the claimant has prevailed finally in a review by the Workmen’s Compensation Board on a preliminary procedural issue.

Claimant’s claim for compensation was denied by the State Compensation Department on the ground of failure to timely file. Claimant’s request for hearing was dismissed by a hearing officer, but upon review of this dismissal the Workmen’s Compensation Board remanded for a hearing on the question of timely filing of the…