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LOCKHART v. NEW HAMPSHIRE INS. CO.

Nos. 98-518, 98-521.

984 P.2d 744 (1999)

1999 MT 205

Doug LOCKHART, Petitioner and Appellant, v. NEW HAMPSHIRE INSURANCE COMPANY, Respondent and Insurer for Labor Contractors, Employer and Respondent, and Liberty Northwest Insurance Corporation, Petitioner and Respondent, v. Nancy Petak, Claimant, Respondent and Appellant, and Community Medical Center, Respondent.

Supreme Court of Montana.

Submitted March 11, 1999.

Decided September 1, 1999.

Attorney(s) appearing for the Case

Laurie Wallace (argued), Bothe & Lauridsen; Columbia Falls, Montana, Rex Palmer (argued), Attorneys, Inc., P.C.; Missoula, Montana, For Appellants.

Donald Herndon (argued), Herndon, Sweeney & Halverson; Billings, Montana, Larry Jones (argued), Liberty Northwest; Missoula, Montana, Regan Whitworth (argued), Balyeat Law Offices; Missoula, Montana, For Respondents.

Patrick R. Sheehy (argued), Halverson, Sheehy & Plath; Billings, Montana (MTLA), Oliver H. Goe (argued), Browning, Kaleczyc, Berry & Hoven; Helena, Montana(Assoc. of Health Care Providers), For Amicus.

Justice JIM REGNIER delivered the opinion of the Court.

¶ 1 These combined claims were filed in the Montana Workers' Compensation Court by Doug Lockhart and Nancy Petak in part to recover attorney fees from medical benefits. The Workers' Compensation Court, however, found that medical benefits payable to a claimant are not subject to an attorney fee lien and that the fee must be paid by the claimants out of other funds...

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