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Bell v. State

Supreme Court of Alaska
Jul 23, 1993
855 P.2d 1334 (Alaska 1993)

Opinion

No. S-5138.

July 23, 1993.

Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks; Jay Hodges, Judge.

Debra Fitzgerald and Chancy Croft, Chancy Croft Law Office, Anchorage, for appellant.

Frank S. Koziol, Anchorage, for appellees.

Before MOORE, C.J., and RABINOWITZ, BURKE, MATTHEWS and COMPTON, JJ.


OPINION


For the reasons stated in Bailey v. Litwin Corp., 780 P.2d 1007, 1011-12 (Alaska 1989), the superior court's decision is AFFIRMED.

RABINOWITZ, J., with whom COMPTON, J., joins, dissenting.


In Wise Mechanical Contractors v. Bignell, 718 P.2d 971 (Alaska 1986) we noted:

[T]he objective of awarding attorney's fees in compensation cases is to ensure that competent counsel are available to represent injured workers. This objective would not be furthered by a system in which claimants' counsel could receive nothing more than an hourly fee when they win while receiving nothing at all when they lose.

Id. at 975 (citation omitted).

In the instant case the Board noted appellant's counsel's request for an award of enhanced attorney's fees "based on the alleged contingent nature of this case" (emphasis supplied) but then failed to explain why it denied the request. Given the Board's apparent misapprehension as to the contingent nature of attorney's fees in this type of litigation, and the objective of ensuring the injured worker's access to competent counsel, I would remand the matter to the Board for the purpose of requiring an explanation of its rejection of appellant's request for enhanced attorney's fees.

In Wise Mechanical Contractors v. Bignell, 718 P.2d at 975, we recognized that payment of attorney's fees is contingent upon a claimant's success since "[a] contingency arrangement is ordinarily necessary because most injured claimants lack the financial resources to pay an attorney an hourly fee."


Summaries of

Bell v. State

Supreme Court of Alaska
Jul 23, 1993
855 P.2d 1334 (Alaska 1993)
Case details for

Bell v. State

Case Details

Full title:DAVID L. BELL, APPELLANT, v. STATE OF ALASKA AND HARBOR ADJUSTMENT…

Court:Supreme Court of Alaska

Date published: Jul 23, 1993

Citations

855 P.2d 1334 (Alaska 1993)