Cadwell v. Bechtel Power Corp.

Claimant Cadwell was awarded permanent partial disability benefits by the Montana Workers’ Compensation Court. We are asked to decide if attorney fees awarded to this successful Workers’ Compensation claimant whose injury occurred in 1981 should be based on standards in effect on the date of the injury or on the standards adopted in 1985 and set forth in Section 39-71-614, MCA.

We reverse the Workers’ Compensation Court’s decision to apply the later 1985 standards and remand with instructions to use the law in effect at the time of claimant’s injury.

On November 30, 1981, claimant injured his…