ROSEMARY J. PETERSON, Employee,
v.
PINE COUNTY, INC. and STATE FUND MUT. INS. CO., Employer-Insurer/Appellants, and SPECIAL COMPENSATION FUND.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
January 26, 1999
HEADNOTES
ATTORNEY
FEES - RORAFF FEES. The compensation
judge's determination that the employee's attorney
would not be reasonably compensated by an award of
contingency fees alone, and his award of Roraff fees
is supported by substantial evidence and is not clearly
erroneous on the facts of this case.
ATTORNEY
FEES - SUBD. 7 FEES. The compensation judge erred in
awarding partial reimbursement of fees pursuant to Minn.
Stat. § 176.081, subd. 7 (1993), against Roraff fees
to be paid by the employer and insurer.
Affirmed
in part and reversed in part.
Determined by: Johnson, J., Wilson, J., and Pederson, J.
Compensation Judge: Rolf G. Hagen
OPINION
THOMAS
L. JOHNSON, Judge
The
employer and insurer appeal from the compensation judge's
Findings and Order on Attorney's Fees awarding hourly
attorney fees to the employee's attorney pursuant to
Minn. Stat. § 176.081, subd. 1(a)(1993), § 176.135 (1993) and
Roraff,1 and § 176.239 (1993). The
employer and insurer also appeal from the compensation
judge's award of fees pursuant to Minn. Stat. § 176.081,
subd. 7, on the entire amount of attorney's fees
awarded. We affirm in part, and reverse in part.
BACKGROUND
The
employee, Rosemary J. Peterson, worked as a seamstress for
the employer, Pine County, Inc., for approximately 17
years. The employer was insured by State Fund Mutual
Insurance Company. On August 10, 1992, the employee
sustained admitted, Gillette2 work injuries to her
cervical spine, left shoulder and wrists (bilateral carpal
tunnel syndrome). The employee was seen by her family
physician, Dr. Peterson, who referred the employee to Dr.
Bardolph, an orthopedic surgeon. Carpal tunnel release
surgery was performed in late 1992 on both wrists. The
employee continued to have neck, left shoulder and hand/wrist
symptoms, and referrals were made to a number of physicians
for evaluation and treatment in early 1993. An
independent medical opinion (IME) was also completed at the
request of the employer and insurer. Surgery was
proposed for the cervical spine, but was not performed.
On
August 3, 1993, the employee returned to Dr.
Bardolph. He additionally diagnosed trigger finger
syndrome, and eventually recommended surgical
release. The employer and insurer denied primary
liability and refused to pay for treatment related to the
trigger finger syndrome. Additional referrals were made
to various medical specialists in 1994 and early 1995,
resulting in contradictory opinions regarding the nature and
extent of the employee's injuries and the treatment
proposed. In April 1995, Dr. Bardolph requested approval
for manipulation of the employee's left shoulder under
anesthesia and trigger finger release surgery. The
request was denied.
On
April 24, 1995, the employee retained attorney James Michael
Gallagher to represent her with respect to her workers'...
