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LaVE v. SCHOOL DIST. NO. 2

No. 85-240.

713 P.2d 546 (1986)

Lydia LaVE, Claimant and Appellant, v. SCHOOL DISTRICT #2, Employer, and State Compensation Insurance Fund, Defendant and Respondent.

Supreme Court of Montana.

Decided January 28, 1986.

Attorney(s) appearing for the Case

Kelly & Halverson, P.C., Sheehy, Prindle & Finn, Billings, for claimant and appellant.

Crowley Law Firm, William J. Mattix, Billings, for defendant and respondent.

GULBRANDSON, Justice.

Lydia LaVe appeals a Workers' Compensation Court order awarding her permanent total disability benefits based on ten hours of work per week and denying a lump sum payment of her benefits. The issues on appeal are; (1) whether the lower court erred in basing the benefits on appellant's usual hours of employment rather than her earning capability, and (2) whether the lower court erred in denying appellant a lump sum award. We affirm the order of...

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