116 Ga. App. 561 | Ga. Ct. App. | 1967
This is a workmen’s compensation cáse involving the payment of attorney’s fees as approved by the board. The claimant employed one attorney, agreeing to pay him one-fourth of any settlement by recovery or
The single enumerated error is that the court erred in affirming the action of the board because the board had no authority to apportion or fix attorney’s fees. The appellants contend that the order should be reversed and the case remanded to the board for approval or disapproval of either or both of the contracts. The attorney-appellee filed no cross appeal but nevertheless contends that the order should be reversed with directions as to past and future services, pointing out that the first attorney represented the claimant only with respect to an unaccepted agreement, that this appellee represented the claimant thereafter in respect to the award of compensation actually made, and that a hearing on a change in condition is being held in abeyance pending the outcome of this appeal. Code Ann. § 114-714 provides in pertinent part that “Fees of attorneys . . . shall be subject to the approval of the State Board of Workmen’s Compensation.” We think this authority necessarily includes the authority to approve pro tanto as well as in toto any contract between the claimant and an attorney for prosecuting the claim. In Feldman v. Edwards, 107 Ga. App. 397 (130 SE2d 350), all that this court actually determined was that the authority
Judgment affirmed.