Isack v. Acuity

SEVERSON, Justice.

[¶ 1.] The Third Judicial Circuit Court awarded employee’s attorney a thirty-three percent contingent fee from the em ployer’s insurer’s (Acuity’s) recovery portion of a third-party tort settlement. Acuity appeals, arguing the circuit court erred because Acuity retained its own attorney to represent its statutory rights of recovery and offset. The circuit court held a hearing, applied SDCL 62-4-39, and determined the recovery’s necessary and reasonable expenses. We affirm.

Background

[¶ 2.] Terry Isack was seriously injured in an automobile accident on March 11, 2009. He was a…