Goff v. Jenny & Shorty's Truck Stop, Inc.
Goff v. Jenny & Shorty's Truck Stop, Inc.
Opinion of the Court
This is a workmen’s compensation settlement and compromise presented on the joint petition of the employee, the employer, and the latter’s compensation insurer under the provisions of R.S. 23:1271 et seq. As the employee was not represented by counsel, the trial court appointed an attorney to advise her. In due course the compromise was approved and judgment rendered accordingly. The judgment also fixed the fee of the appointed attorney at $50 and taxed the same as costs.
The employer and its insurer have appealed only from that portion of the judgment which fixes the fee of the appointed attorney and taxes the same as costs. They contend the $50 fee is in excess of the maximum amount allowed by statute.
Revised Statute 23:1272 is determinative of the issue. In pertinent part that statute reads:
“When the employee or his dependents are not represented by a lawyer . the judge shall appoint one to advise them relative to the proposed compromise settlement. A reasonable fee for such services shall be fixed by the court and when taxed as costs, it shall not exceed the sum of thirty-five dollars.” LSA-R.S. 23:1272. (Emphasis ours).
As the statute is clear and free from all ambiguity, the courts must follow its explicit provision that when the fee of the court appointed attorney is taxed as costs the amount of that fee shall not exceed the sum of $35.
Amended.
. LSA-C.C. Art. 13.
. In Re Vicknair, La.App., 293 So.2d 196; Esteve v. McDermott Shipyards, La.App., 258 So.2d 645; Mills v. McDermott Fabricators, Inc., La.App., 247 So.2d 202; In Re Skiruin, La.App., 211 So.2d 119; In Re Batiste, La.App., 182 So.2d 559.
Reference
- Full Case Name
- Marva M. GOFF v. JENNY & SHORTY'S TRUCK STOP, INC., and the Travelers Insurance Co.
- Cited By
- 1 case
- Status
- Published