Graham v. Industrial Commission

495 P.2d 806, 27 Utah 2d 279, 1972 Utah LEXIS 965

Opinions

On Petition for Rehearing

ELLETT, Justice:

A petition for rehearing has been filed in this case. We find no merit to the contentions therein contained except as to Point II relating to the last sentence of the prevailing opinion, 26 Utah 2d 424, 491 P.2d 223, wherein this court stated that plaintiff was entitled to a reasonable attorney’s fee pursuant to Section 35-1-87, U.C. A. 1953. That section reads as follows:

In all cases coming before the industrial commission in which attorneys have been employed, the commission is vested with full power to regulate and fix the fees of such attorneys.

It appears that this section applies only to the fixing of fees of an attorney out of any award made to his client and does not authorize the Industrial Commission to assess attorney’s fees as costs against either party.

We, therefore, modify the last sentence of the opinion to read: “The plaintiff is entitled to costs”; and having done so, deny the petition for rehearing.

TUCKETT and CROCKETT, JJ., concur.