Feldman v. Edwards

• Decision Date: 08 February 1963
• Docket Number: Nos. 39906-39908,No. 2,s. 39906-39908,2
• Citation: 130 S.E.2d 350,107 Ga.App. 397
• Parties: A.P. FELDMAN v. B.B. EDWARDS et al. (three cases)
• Court: Georgia Court of Appeals

Page 350

130 S.E.2d 350

107 Ga.App. 397

A.P. FELDMAN v.B.B. EDWARDS et al.(three cases).

Nos. 39906-39908.

Court of Appeals of Georgia, Division No. 2.

Feb. 8, 1963.

Rehearing denied Feb. 26, 1963.

John W. Rogers, Atlanta, for plaintiff in error.

Richard W. Best, Bruce B. Edwards, Marvin O'Neal, Jr., Atlanta, Frank W. Scoggins, for defendant in error.

Syllabus Opinion by the Court.

NICHOLS, Presiding Judge.

Bruce B. Edwards represented the claimants in three workmen's compensation proceedings and during the period that the litigation continued he associated Albert P. Feldman as associate counsel.Thereafter, lump sum agreements were approved by the board in each case.At the same time Edwards' fee contracts with the claimants were approved and the payment of the attorney fees to Edwards and the balance due to the claimants was authorized and directed.Feldman then filed an application with the board asking the board to direct one-half of the attorney fees to be paid to him and when no action was taken by the board he filed an appeal to the superior court assigning error on the aforementioned lump sum award and on the refusal of the Board to have a hearing to determine if he was entitled to a part of the attorneys fees.The superior court entered judgments dismissing the appeals and Feldman now assigns error on such judgments and names himself as plaintiff in error and Edwards, the claimants, the employer and the insurer as defendants in error.Held:

1.The State Board of Workmen's Compensation has authority to examine and approve contracts between claimants and their counsel as to the amount of attorneys fees but it has no authority, statutory or otherwise, to set the fees of the attorneys, nor to examine and approve contracts between attorneys as...