JULIE A. FRIEDGES, Employee/Appellant,
v.
INDEPENDENT SCH. DIST. #719 and AMERICAN COMPENSATION INS. CO./RTW MINN. INC., Employer-Insurer.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
May 17, 1999
HEADNOTES
ATTORNEY
FEES - RORAFF FEES; STATUTES CONSTRUED - MINN. Stat.
§ 176.081, SUBD. 1(a)(1). Roraff fees under the
1995 amendments to Minn. Stat. § 176.081, subd. 1(a), are to
be calculated as a percentage of the dollar value of medical
expenses as limited by the fee schedule.
ATTORNEY
FEES - SUBD. 7. Roraff fees are not subject to
partial reimbursement under Minn. Stat. § 176.081, subd. 7.
Affirmed.
Determined by Wilson, J., Wheeler, C.J., and Johnson, J.
Compensation Judge: Gary P. Mesna.
OPINION
DEBRA
A. WILSON, Judge
The
employee appeals from the compensation judge's decision
as to attorney fees. We affirm.
BACKGROUND
On
September 29, 1997, the employee filed a claim petition
alleging entitlement to permanent partial disability benefits
and medical expenses as a result of an October 24, 1996,
injury in the course and scope of her employment with
Independent School District #719 - Prior Lake [the
employer]. The employer and insurer admitted liability
for the injury but denied liability for the claimed benefits,
and the matter came on for hearing before a compensation
judge on September 16, 1998. In a decision issued on
October 7, 1998, the judge awarded the employee impairment
compensation for a 7% whole body impairment, payment for
treatment rendered by Dr. Paul Lemke, payment for medical
mileage, interest, costs, and "subdivision 7
fees." The judge also ordered that attorney fees be
withheld from the award of impairment compensation and paid
to David Wulff, the employee's attorney, and indicated
that "additional fees may be requested if
necessary." Neither party appealed from this
decision.
On
October 22, 1998, Mr. Wulff filed a statement of attorney
fees, seeking contingent fees, Roraff
fees1 for recovery of the...
