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MALEK v. HENRY'S SAFETY SUPPLY CO.

No. 89-512.

790 P.2d 965 (1990)

David A. MALEK, Claimant and Respondent, v. HENRY'S SAFETY SUPPLY COMPANY, Employer, and State Compensation Insurance Fund, Insurer and Appellant.

Supreme Court of Montana.

Decided March 13, 1990.

Attorney(s) appearing for the Case

Richard E. Bach, Charles Adams, Helena, for insurer and appellant.

Geoffrey R. Keller, Matovich, Addy & Keller, Billings, for claimant and respondent.

SHEEHY, Justice.

The State Compensation Insurance Fund appeals from a judgment of the Workers' Compensation Court ordering the Fund to return monies to the claimant. We affirm.

In this case we hold principally that the Workers' Compensation Court had subject matter jurisdiction to compel the State Compensation Insurance Fund, where no prior determination had been made as to subrogation rights by the Division of Workers' Compensation, to return subrogation...

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