TRUSTY v. CONSOLIDATED FREIGHTWAYS

No. 83-305.

681 P.2d 1085 (1984)

Leland D. TRUSTY, Plaintiff and Appellant, v. CONSOLIDATED FREIGHTWAYS, Employer, and Consolidated Freightways, Defendant and Respondent.

Supreme Court of Montana.

Decided May 24, 1984.


Attorney(s) appearing for the Case

Donald D. Sommerfeld argued; Towe, Ball, Enright & Mackey, Billings, for plaintiff and appellant.

Garlington, Lohn & Robinson, Robert E. Sheridan argued, Missoula, for defendant and respondent.


HARRISON, Justice.

Appellant brings this appeal from a Workers' Compensation Court's judgment determining that claimant was only entitled to a 50% offset of Social Security benefits, including auxiliary benefits against his Workers' Compensation disability benefits and denying penalty and attorney's fees. This action arose following this Court's ruling in McClanathan v. Smith (1980), 186 Mont. 56, 606 P.2d 507, that Montana's former offset statute, Section...

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