Klatt v. Wal-Mart Stores, Inc.
30 FLW D2422
Order entered denying certain benefits to the claimant which was thereafter appealed by claimant. While claim was on appeal, additional Petitions for Benefits were filed and a stipulation was entered into resolving those issues and agreeing to the payment of an attorney’s fee for all non-appellate time. Order denying benefits subsequently reversed in part. Claimant’s attorney sought additional attorney’s fees for non-appellate time expended in the prosecution of the claim that was ultimately reversed in part on appeal. Court determined that additional attorney’s fees were not payable based on the stipulation. Court determined that the claimant was bound by the plain language of the stipulation even if it is the result of poor drafting. Dissenting opinion.