State Ex Rel. Office of Recovery Services v. Streight Ex Rel. Jensen

*691PARRISH, Justice:

¶ 1 On appeal is the district court’s conclusion that the attorney fee provision of the Medical Benefits Recovery Act, Utah Code Ann. § 26-19-7 (1998), did not require the State to pay attorney fees in the action below. Counsel for Peggy Sue Streight obtained a recovery on her behalf for injuries she suffered when struck by an automobile. The State asserted a right to be reimbursed from that recovery for Medicaid payments it had made on Streight’s behalf. We are asked to consider whether the State’s right to reimbursement is subject to deduction for attorney fees Streight…