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PUTNAM v. CASTLE MOUNTAIN CORP.

No. 84-323.

702 P.2d 333 (1985)

Tom W. PUTNAM, Claimant and Appellant, v. CASTLE MOUNTAIN CORPORATION, Employer, and United Pacific/Reliance Insurance Company, Defendant and Respondent, and Leonard Nielsen, d/b/a Nielsen Logging, Employer and Respondent, and State Compensation Insurance Fund, and Division of Workers' Compensation, Defendants and Respondents.

Supreme Court of Montana.

Decided June 13, 1985.

As Modified on Denial of Rehearing July 23, 1985.

Attorney(s) appearing for the Case

William T. Kelly, P.C., Halverson, Sheehy, Prindle & Finn; Patrick Prindle, Billings, for claimant and appellant.

Hughes, Kellner, Sullivan & Alke, John Sullivan, Helena, Keefer, Roybal, Hansen, Stacey & Jarussi, Neil Keefer, Billings, for defendants and respondents.

WEBER, Justice.

This is an appeal from the order of the Workers' Compensation Court granting partial summary judgment. The appeal challenges the court's refusal to apply the statutory penalty to medical benefits and a portion of the weekly temporary total disability benefits. We modify a portion of the order and remand the cause for further proceedings.

The issues are:

1. Does the penalty portion of § 39-71-2907, MCA apply to medical benefits...

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