[DOWNLOAD] "Stephenson v. Mitchell" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: Stephenson v. Mitchell
- Author : Supreme Court of Wyoming
- Release Date : January 08, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The ultimate question involved in the appeal of this case is whether the industrial accident fund, administered by the Workmens - Page 96 Compensation Department, State of Wyoming, can be charged attorneys fees by an employee coming under the provisions of the Workers Compensation Act making a successful recovery in a third-party action under the provisions of § 27-54, W.S. 1957, C. 1967, in effect at the time the issue arose. The district court held that the industrial accident fund was entitled to reimbursement for the total amount of all awards received by the injured workman under the act and attorneys fees were not deductible as an expense of recovery. Relief is sought in this court on the grounds that § 27-54 violates the Fifth, Thirteenth and Fourteenth Amendments to the United States Constitution, and Article I, § 6, and Article X, § 4, of the Wyoming Constitution. It is further urged that § 27-54 preserved the attorneys lien created by § 29-2, W.S. 1957, and that § 27-54 unfairly required the injured employee to pay for the States share of the costs of recovery. All questions were raised in the district court. We will affirm.
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