Field v. Sears, Roebuck & Co.
Montana Supreme Court
JUSTICE GRAY delivered the Opinion of the Court. Robert D. Field appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers’ Compensation Court denying attorney’s fees and costs for pursuit of permanent total disability benefits, and refusing to impose a penalty against Sears, Roebuck & Company. We affirm.
Read the full summary
JUSTICE GRAY delivered the Opinion of the Court. Robert D. Field appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers’ Compensation Court denying attorney’s fees and costs for pursuit of permanent total disability benefits, and refusing to impose a penalty against Sears, Roebuck & Company. We affirm. We restate the issues on appeal as follows: 1. Did the Workers’ Compensation Court err in denying claimant’s request for attorney’s fees and costs for pursuit of permanent total disability benefits? 2. Did the Workers’ Compensation Court err by failing to impose a…
1DissentJustice Trieweiler
I dissent from the opinion of the majority.
In Lasar v. E. H. Oftedal & Sons (1986), 222 Mont. 251, 721 P.2d 352, and again in Komeotis v. Williamson Fencing (1988), 232 Mont. 340, 756 P.2d 1153, this Court blatantly ignored the plain language of Section 39-71-612, MCA (1979), to conclude that a court award of benefits is a condition to an award of attorney fees. In this case, the majority blindly follows its prior decisions without any analysis of the plain terms of the attorney fee statute.
Section 612 does not simply provide that when the court’s award is greater than the amount offered, the…
2Cases cited3 opinions
- Krause v. Sears Roebuck & Co.Montana Supreme Court · 1982
- Lasar v. E.H. Oftedal & SonsMontana Supreme Court · 1986
- Komeotis v. Williamson FencingMontana Supreme Court · 1988
3Cited by4 opinions
- Madill v. State Compensation Insurance FundMontana Supreme Court · 1997
- Chapman v. Research CottrellMontana Supreme Court · 1993
- Madill v. State Compensation Insurance FundMontana Supreme Court · 1997
- Mintyala v. State Compensation Insurance FundMontana Supreme Court · 1996