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DAVID v. STATE FUND

No. 94-129.

884 P.2d 778 (1994)

CURT DAVID, Petitioner and Appellant, v. STATE COMPENSATION MUTUAL INSURANCE FUND, Respondent and Insurer for, Mike McCoy, Employer.

Supreme Court of Montana.

Decided November 14, 1994.

Attorney(s) appearing for the Case

Patrick R. Sheehy, Halverson, Sheehy & Plath, Billings, for appellant.

Dan Whyte, Legal Counsel, State Compensation Mutual Insurance Fund, Helena, for respondent.

WEBER, Justice.

This is an appeal from a Workers' Compensation Court decision in favor of the State Fund's method of calculating benefits for claimant David. We affirm.

We consider the following issues on appeal:

I. Did the Workers' Compensation Court err in determining the temporary total disability rate to be paid to claimant David?

II. Did the Workers' Compensation Court properly deny attorney fees?

III. Did the Workers' Compensation...

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