(dissenting).
The only claim involved here is the second claim. The first claim was dismissed because of the failure of claimant to comply with the rules. If the claimant is entitled to a fee, it must arise out of claim no. 2; and, it is conceded that there was neither a notice to controvert nor a failure to pay within twenty-one days on that claim. The award of attorneys’ fees under such circumstances is a complete distortion of the statutes.
I dissent.