Biederman v. Win Stephens Buick, 020399 MNWC,

Case DateFebruary 03, 1999
CourtMinnesota
MICHAEL J. BIEDERMAN, Employee/Petitioner,
v.
WIN STEPHENS BUICK and GENERAL CASUALTY INS. CO., Employer-Insurer,
and
CARL J. SOMMERER, SOMMERER & SCHULTZ, Respondent.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
February 3, 1999
         HEADNOTES          ATTORNEY FEES - CONTINGENT FEES. Based upon the compensation judge's unappealed find­ing determining that an additional 2% permanent partial disability had been obtained solely through the efforts of the employee and not through the efforts of his attorney, the settlement judge's Order Determining Attorney's Fees awarding contingency fees to the employee's attorney is vacated.          Vacated.           Determined by Johnson, J., Wilson, J., and Wheeler, C.J.           Compensation Judge: Gary P. Mesna           OPINION           THOMAS L. JOHNSON, Judge          The employee filed an application for review of attorney fees awarded by Settle­ment Judge Ellefson at the Department of Labor and Industry by an Order Determining Attorney's Fees, served and filed February 13, 1998. We vacate the settlement judge's order.          BACKGROUND          The employee, Michael J. Biederman, sustained an admitted, work-related injury to his right eye on May 17, 1994, while working as a service technician for the employer, Win Stephens Buick. On that date, a drill bit or socket extension broke off, ricocheting in the employee's eye, lacerating the cornea. Surgery was performed by Dr. Paul Bruer, but the employee was left with a scar on the cornea and some lost vision. The employer and insurer paid temporary total disability benefits and the employee's medical expenses following the injury.          The employee contacted Carl J. Sommerer, an attorney with the firm of Sommerer & Schultz, to represent him with respect to his workers' compensation claim. A retainer agreement was executed on September 2, 1994, by the employee and Mr. Sommerer. A Notice of Appear­ance was filed at the Department of Labor and Industry (DOLI) by attorney Sommerer on December 9, 1994. On December 12, 1994, the employer and insurer paid...

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