MOEN v. PETER KIEWIT & SONS' CO.

Nos. 81-106, 82-29.

655 P.2d 482 (1982)

Violette MOEN, Individually and as Personal Representative, Plaintiff and Appellant, v. PETER KIEWIT & SONS' CO., a Corp., Defendant and Respondent. Violette MOEN, Claimant and Appellant, v. DECKER COAL COMPANY, Employer, and Employers Mutual Liability Insurance Company of Wisconsin, Defendant and Respondent.

Supreme Court of Montana.

Decided December 13, 1982.


Attorney(s) appearing for the Case

Hoyt & Trieweiler, Great Falls, for plaintiff and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, L. Randall Bishop, Billings, for defendant and respondent.


WEBER, Justice.

These cases have been consolidated for consideration, as both cases involve claims for an employee's death by heart attack. We affirm the lower courts in both cases.

In Case I, Supreme Court No. 82-29, claimant Moen appeals from the order of the Workers' Compensation Court, granting defendant's motion to quash her petition for a hearing. Claimant Moen presents two issues to this Court:

(1) Whether defendant's motion to quash was procedurally...

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