Lee v. Westchester Fire Insurance Co.

REYNOLDS, Justice.

A workmen’s compensation claimant, who recovered from the party liable for his injuries a sum greater than that paid by the intervening insurance carrier, seeks under Vernon’s Ann.Civ.St. art. 8307, § 6a, a fee for his attorney payable out of the carrier’s subrogation recoupment on the ground that the carrier’s interest was not actively represented by its attorney. The trial court, finding that the carrier’s interest was actively represented by its attorney, denied the motion for attorney’s fee. The claimant appeals, asserting that the evidence establishes his contention as…