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Riley v. W.R. Grace & Company9/10/1999
itions asserted under oath or in previous litigation. Caekaert v. State Compensation Mut. Ins. Fund, 268 Mont. 105, 115, 885 P.2d 495, 501- 502 (1994). Transportation did not make any representation concerning section 39-71-614, MCA. It did not represent that attorney fees must be calculated pursuant to the contingent fee agreement. It simply failed to cite section 39-71-614, MCA. Oversight does not give rise an estoppel.
JUDGMENT
1. Pursuant to sections 39-71-612 and 39-71-614, MCA (1985), petitioner is entitled to reasonable attorney fees and costs incurred in W.R. Grace & Company and Transportation Ins. Co. v. Karen Riley, WCC No. 9709-7824.
2. Karen is entitled to attorney fees based on the difference between the unreserved portion of payments and the actual benefits found due her by the Court.
3. The amount of fees must be determined in accordance with section 39-71- 614, MCA (1985). That determination shall be governed by the procedures set forth in ARM 24.5.343.
4. This JUDGMENT is certified as final.
5. Any party to this dispute may have 20 days in which to request a rehearing from this DECISION AND JUDGMENT.
DATED in Helena, Montana, this 10th day of September, 1999.
(SEAL)
Mike McCarter, JUDGE
c: Mr. Allan M. McGarvey
Mr. Thomas R. Bostock Date Submitted: May 7, 1999
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