MYERS v. 4 B'S RESTAURANT, INC.

No. 13501.

561 P.2d 1331 (1977)

Earl R. MYERS, Claimant and Respondent, v. 4 B'S RESTAURANT, INC., Employer, and Glacier General Assurance Company, Defendant and Appellant.

Supreme Court of Montana.

Decided March 18, 1977.

As Modified on Denial of Rehearing April 5, 1977.


Attorney(s) appearing for the Case

Berg, Angel, Andriolo & Morgan, Richard J. Andriolo (argued), Bozeman, for appellant.

Bennett & Bennett, Lyman H. Bennett, Jr. (argued), Lyman H. Bennett, III (argued), Bozeman, for respondent.


HASWELL, Justice.

Employer's Plan II insurer appeals from a Workers' Compensation Court award to claimant of permanent total disability benefits, costs and attorney's fees.

During the pendency of this appeal, claimant died on December 14, 1976. It is conceded that appellant insurer paid claimant all benefits to which he was entitled up to the time of his death. As compensation benefits terminated upon claimant's death (section 92-608, R.C.M. 1947), appellant...

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