CURTISS J. DEROSIER, Employee/Appellant,
v.
ALBRECHT CO. and GENERAL ACCIDENT INS. CO., Employer-Insurer.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
February 5, 1999
HEADNOTES
ATTORNEY
FEES. The employee's attorney was not entitled to
contingent attorney fees for temporary total disability
benefits paid or for fees for a rehabilitation consultation
to which the compensation judge had determined that the
employee was not entitled.
Affirmed.
Determined by: Hefte, J., Wilson, J., and Pederson, J.
Compensation Judge: Danny P. Kelly
OPINION
RICHARD C. HEFTE, Judge
This
appeal is from the compensation judge's denial of
attorney fees for the employee's attorney's
representation of the employee regarding a rehabilitation
request and for temporary total disability benefits paid
through the date of the compensation judge's decision to
allow discontinuance of the employee's temporary total
disability benefits. We affirm.
BACKGROUND
Curtiss
J. DeRosier (employee) sustained an admitted, work-related
injury to the thoracic and lumbar back on September 25, 1996,
while working as a mechanic for Albrecht Company (employer),
which was insured for workers' compensation liability by
General Accident Insurance Company (insurer). The
employee received temporary total disability
benefits. On November 18, 1996, the employer and insurer
filed a notice of intention to discontinue workers'
compensation benefits, arguing that the employee had reached
maximum medical improvement and did not require restrictions
or further medical or chiropractic treatment. On
November 20, 1996, the employee filed a rehabilitation
request for a rehabilitation consultation. On December
19, 1996, an administrative conference was held at the
Department of Labor and Industry on these issues. An
order was served and filed on December 31, 1996, denying the
discontinuance and granting the employee's request for a
rehabilitation consultation. The rehabilitation dispute
was certified at the Department of Labor and Industry on
December 23, 1996. On January 15, 1997, Donna Olson for
Gary Bastian, Commissioner, Department of Labor and Industry,
served and filed a decision determining that no
administrative or settlement conference would be held on the
rehabilitation issue and ordering a rehabilitation
consultation. A rehabilitation consultation report was
completed on January 27, 1997.
On...
