Tuesday, June 19, 2007

Controverted Claim

The Alaska Supreme Court held that it was error to deny the payment of attorney's fee higher than the statutory minimum in a workers compensation case. The employee had been injured carrying a 60 pound battery. After dealing with the compensation claim pro se, he was injured again in an auto accident. He decided to retain counsel due to the complications caused by the accident case. He was then involved in a second auto accident. The court held, contrary to superior court's conclusions below, that the workers compensation board properly found that the claims were "controverted" in some respects and that payment of fees could exceed the minimum. The case was remanded to the board for determination of appropriate legal fees. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/06/controverted_cl.html

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