Maida Ludvik Sheris v. The Travelers Insurance Company, Maida Ludvik Sheris v. The Travelers Insurance Comapny

BUTZNER, Circuit Judge:

This appeal questions the apportionment of an attorney’s fee between a workmen’s compensation carrier and the administratrix of an estate who recovered damages for the wrongful death of an employee. The district court used only the compensation installments actually paid as a basis for assessing the carrier’s proportionate share of the fee. We conclude that the entire compensation award furnished the appropriate basis for apportionment, subject to a credit allowable to the carrier. Accordingly, we vacate the judgment and remand the ease for further proceedings.

William…