(DOWNLOAD) "Wagner v. Agw Consultants" by Court of Criminal Appeals of Oklahoma " eBook PDF Kindle ePub Free
eBook details
- Title: Wagner v. Agw Consultants
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 24, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 92 KB
Description
{1} Worker prevailed in a heavily litigated workers compensation claim and was awarded $58,599 in medical expenses, plus $26,761 in past and future weekly benefits. At the hearing on attorney fees, the workers attorney sought $61,125 in attorney fees, of which the worker would have been liable for $30,562. See NMSA § 52-1-54(J) (2003) (providing worker and employer shall share payment of attorney fees equally except as otherwise provided by the statute). Worker argued the $12,500 limitation on attorney fees in NMSA 1978, Section 52-1-54(I) (1993, prior to 2003 amendment) should not apply because such a limitation violated constitutional guarantees of equal protection and due process. The Workers Compensation Judge took judicial notice of the chilling effect of miserly fees on representation but found the $12,500 award for attorney fees to be reasonable.