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PAGE v. McCAIN FOODS, INC.

No. 40568.

316 P.3d 671 (2014)

Verdene PAGE, Claimant-Appellant, v. McCAIN FOODS, INC., Employer, and Transcontinental Insurance Company, Surety, Defendants-Respondents, and Idaho Industrial Commission, Real Party in Interest-Respondent, and L. Clyel Berry, individually, Intervenor-Appellant.

Supreme Court of Idaho, Twin Falls, November 2013 Term.

January 3, 2014.

Attorney(s) appearing for the Case

L. Clyel Berry , Twin Falls, argued for appellant.

Hon. Lawrence G. Wasden , Attorney General, Boise, for respondent. David B. Young argued.

J. JONES, Justice.

This appeal arises from a long-litigated worker's compensation case, but revolves solely around the issue of attorney fees. Claimant's counsel, L. Clyel Berry, argues that he is entitled to a 40% attorney fee award, based on a contingent fee agreement he entered into with Claimant VerDene Page. The Industrial Commission, however, awarded Berry a 30% attorney fee award pursuant to Idaho Code § 72-804, which requires an employer to pay reasonable...

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