Williams v. Northern Development Co.

• Decision Date: 04 April 1967
• Docket Number: No. 3601,3601
• Citation: 425 P.2d 594
• Parties: In the Matter of the Injury to Louise Williams, an Employee of Northern Development Co. Louise WILLIAMS, Appellant (Employee below), v. NORTHERN DEVELOPMENT CO., Appellee (Employer below).
• Court: Wyoming Supreme Court

Page 594

425 P.2d 594

In the Matter of the Injury to Louise Williams, an Employee of Northern Development Co.

Louise WILLIAMS, Appellant (Employee below), v. NORTHERN DEVELOPMENT CO., Appellee (Employer below).

No. 3601.

Supreme Court of Wyoming.

April 4, 1967.

Bruce P. Badley, Sheridan, for appellant.

William D. Norman, Special Asst. Atty. Gen., Cheyenne, for appellee.

Before HARNSBERGER, C. J., and GRAY, McINTYRE, and PARKER, JJ.

Mr. Chief Justice HARNSBERGER delivered the opinion of the court.

Appellant, employed as a hostess and waitress and assisting in the kitchen of the employer's business, claimed under Wyoming's compensation law for injuries sustained in her trailer house located upon her employer's property, when the trailer house was demolished by a tornado. The district court considered appellant's injuries were not the result of her employment or any extra-hazardous duties incident to her employer's business and, cinsequently, denied her claim and denied her counsel an attorney's fee.

The claimant advances two grounds for appeal. First, that the trial court erred in not allowing an attorney fee, and, second, that there was error in ruling (1) that claimant's injuries were not sustained in extra-hazardous employment, and (2) that her injuries were not the result of her employment or any extra-hazardous duty incident to the business of her employer.

Briefly, the pertinent facts are that appellant was employed at a wage of $400 per month; that a stockholder of the company-employer requested her to move the trailer house upon its property, and her employer furnished her with water and electricity without cost and charged no occupancy rent; that at the time of the accident (or Act of God) appellant was in her trailer home changing her clothing; that, according to claimant, the clerk of the district court and the county attorney were of the opinion appellant's claim was not compensable, and she employed the attorney who represented her in the trial court and who now represents her in this appeal; that the district court refused to allow appellant's attorney any fee for his services; and that request for allowance of a fee was not made to the court by the attorney until after his services had been rendered.

Counsel suggests that our ruling in Claim of Carey, 74 Wyo. 37, 42, 283 P.2d 1005, that the Workmen's Compensation Law requires that its provisions for attorney's fees, § 27-115, W.S.1957, should be liberally construed in favor of the attorney. The Carey opinion states, 74 Wyo. 37, 42, 283 P.2d 1005, 1006, 'It is hardly necessary to cite our many cases holding that the Workmen's Compensation Law should be construed liberally in favor of the workman, but see Pope v. Safeway Stores, Inc., 54 Wyo. 266, 91 P.2d 58, and cases cited.' This holding is clearly for the benefit of the workman and should not be extended for the benefit of counsel in providing attorney fees, unless such allowance can be related directly to the benefit...