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...