Dildine v. Liberty Northwest Ins. Corp., 2009 MT 87

Summary

The Montana Supreme Court affirmed the Workers' Compensation Court's determination that it had jurisdiction to resolve an attorney-fee lien dispute under Lockhart. The court held that the claimant's attorney's efforts led to the insurer's acceptance of liability and payment of medical benefits, making the attorney entitled to a 20% fee from those benefits. The court declined to overrule Lockhart.

Holdings

1. The Workers' Compensation Court had jurisdiction to decide whether Dildine's counsel was entitled to attorney fees under the Lockhart lien doctrine.
2. Edmiston's efforts, if not exclusively then largely, led to Liberty's acceptance of liability and payment of Dildine's medical benefits; therefore, Edmiston was entitled to the 20% Lockhart attorney fee.
3. The court declined to overrule Lockhart.

Questions Presented

1. Whether the Montana Workers' Compensation Court had jurisdiction to determine whether Dildine's counsel was entitled to attorney fees under Lockhart.
2. Whether the work of Dildine's attorney led to Liberty's payment of medical benefits, thereby supporting a Lockhart attorney-fee lien.
3. Whether Lockhart v. New Hampshire Insurance Co. should be overruled.

Disposition

affirmed