Legal Opinion

Honey v. Stoltze Land & Lumber Co.

Montana Supreme Court

Decided February 7, 1989No. 88-492PublishedCited by 3 opinions

1Opinion of the CourtJustice Harrison

This appeal arises from the decision of the Workers’ Compensation Court limiting claimant’s attorney’s fees to the contingent fee agree ment without considering the time records and affidavit of his counsel. We reverse and remand for an evidentiary hearing.

On February 10, 1984, Eugene Honey sustained a compensable injury. By order dated July 29, 1988, the Workers’ Compensation Court determined claimant was entitled to 50 weeks of permanent partial disability benefits at the rate of $138.50 per week for a sum total of $6,925. The order further stated:

“4. Claimant is entitled to attorney fees…

2Cases cited3 opinions

  1. Wight v. Hughes Livestock Co., Inc.Montana Supreme Court · 1983
  2. Clark v. SageIdaho Supreme Court · 1981
  3. McDanold v. B.N. Transport, Inc.Montana Supreme Court · 1985

3Cited by3 opinions

  1. Beck v. Flathead CountyMontana Supreme Court · 1989
  2. Hedegaard v. Knife River Coal Mining Co.Montana Supreme Court · 1989
  3. Beck v. Flathead CountyMontana Supreme Court · 1989

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