PESCH v. BODDINGTON LUMBER CO.

No. 18346.

954 P.2d 98 (1998)

124 N.M. 666

1998-NMCA-026

Dieter PESCH, Worker-Appellant, v. BODDINGTON LUMBER CO., and ITT Hartford, Respondents-Appellees.

Court of Appeals of New Mexico.

January 20, 1998.


Attorney(s) appearing for the Case

E. Justin Pennington, Law Offices of E. Justin Pennington, Albuquerque, for Worker-Appellant.

Kimberly A. Franklin, Hatch, Allen & Shepherd, P.A., Albuquerque, for Respondents-Appellees.


OPINION

PICKARD, Judge.

1. The question in this appeal is whether a Workers' Compensation Judge (WCJ) may, in determining an award of attorney fees, consider adversely the fact that the worker's counsel engaged in the permissible practice of communicating with a witness prior to trial. We hold that it depends on the particular facts of the case. In this case, the WCJ reduced the award of attorney fees from a straight hours-times-hourly-rate amount...

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