Davis v. Homestake Mining Co.

OPINION

FRUMAN, Judge.

In this workmen’s compensation case, defendant appeals from the judgment awarding benefits and attorney fees to plaintiff. The specific issues are: whether it was error to award total disability benefits during the time of plaintiff’s return to his employment; and whether it was error to grant attorney fees based on the present value of the workmen’s compensation benefits awarded, rather than on the value of the benefits actually received, since plaintiff died following the award but before the decision on attorney fees. This latter issue is one of first impression in our…