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WILKES v. MONTANA STATE FUND

No. DA 07-0206.

177 P.3d 483 (2008)

2008 MT 29

341 Mont. 292

Donald WILKES, Petitioner and Appellant, v. MONTANA STATE FUND, Respondent and Appellee.

Supreme Court of Montana.

Decided February 5, 2008.

Attorney(s) appearing for the Case

For Appellant: Daniel B. Bidegaray and Anna M. Bidegaray, Bidegaray Law Firm, Bozeman, Montana.

For Appellee: Daniel B. McGregor, Montana State Fund, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Donald Wilkes (Wilkes) appeals from an order of the Workers' Compensation Court (WCC), denying Wilkes's summary judgment motion and granting Montana State Fund's (State Fund) summary judgment motion. We affirm.

¶ 2 Wilkes presents the following issue for review:

¶ 3 Whether the WCC properly determined that the sole reliance on actual wage loss in 39-71-703, MCA, in determining...

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