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McALEAR v. ARTHUR G. McKEE & CO.

No. 13287.

558 P.2d 1134 (1976)

Richard L. McALEAR, Claimant and Appellant, v. ARTHUR G. McKEE AND COMPANY, Employer, and General Accident Fire and Life Assurance Corporation, Respondents and Insurers.

Supreme Court of Montana.

Decided December 30, 1976.

Rehearing Denied January 20, 1977.

Attorney(s) appearing for the Case

Allen L. McAlear, argued, Bozeman, for claimant and appellant.

Henningsen, Purcell & Genzberger, Butte, James E. Purcell, argued, Butte, for respondents and insurers.

JAMES T. HARRISON, Chief Justice.

This is an appeal from the Workers' Compensation Court wherein defendant insurer was ordered to pay plaintiff, Richard L. McAlear, $614.40 partial disability. The facts are:

On October 21, 1974, while employed as a carpenter by defendant McKee, McAlear suffered a broken elbow. It was not disputed that the injury arose out of and in the scope of his employment. Neither are the medical reports which state McAlear suffered a...

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