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Batt v. Special Indemnity Fund12/21/1993
The legislature said nothing in its 1992 amendments to either § 30 or § 172 to support the majority's holding that the Fund has a special right to have installment attorney fees lapse upon the death of the claimant. Instead, the legislature expressly protected all installment fees from such a result, including those awarded against the Fund. An attorney's right to an installment fee vests when the award granting it becomes final, whether the Fund or an employer is involved.
By its strained construction of these ambiguous statutes the majority has reached a result that is not only contrary to the legislative intent expressed in the 1992 legislative amendments to §§ 30 and 172, but is unfair as well. I cannot accede to the majority's holding that Farnan is not worthy of his hire simply because the Fund is involved. I would remand this matter and order the Workers' Compensation Court to enter an order directing the Fund to pay the balance of Farnan's fee under the award of December 5, 1988.
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