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STATE COMPENSATION INS. FUND v. CHAPMAN

No. 94-010.

885 P.2d 407 (1994)

STATE COMPENSATION INSURANCE FUND, Petitioner and Respondent, v. Donald E. CHAPMAN, Respondent and Appellant, and Richard J. Pyfer, Respondent and Appellant.

Supreme Court of Montana.

Decided October 27, 1994.

Rehearing Denied December 22, 1994.

Attorney(s) appearing for the Case

John C. Doubek (argued), Small, Hatch, Doubek & Pyfer, Helena, for Pyfer.

Donald Chapman, pro se,

Leo S. Ward (argued), Browning, Kaleczyc, Berry & Hoven, Helena, for State Compensation Ins, Fund.

Michael P. Heringer, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings, for amicus curiae, Montana Defense Trial Lawyers Ass'n).

James G. Edmiston, III, Billings, for amicus curiae, Montana Trial Lawyers Ass'n.

TRIEWEILER, Justice.

On January 23, 1991, the Workers' Compensation Court for the State of Montana entered judgment for the claimant, Donald E. Chapman, in which it concluded that he was permanently totally disabled and entitled to total disability benefits. As part of that judgment, Richard J. Pyfer, Chapman's attorney, was awarded attorney fees and costs in the amount of $16,927. On July 23, 1992, the State Compensation Mutual Insurance Fund, which was responsible...

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