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BREWINGTON v. BIRKENBUEL, INC.

No. 85-87.

723 P.2d 938 (1986)

Jack BREWINGTON, Claimant and Appellant, v. BIRKENBUEL, INC., Employer, and Employers' Fire Insurance Co., Defendant and Respondent.

Supreme Court of Montana.

Decided August 12, 1986.

Rehearing Denied September 9, 1986.

Attorney(s) appearing for the Case

Utick & Grosfield, Andrew J. Utick, Helena, for claimant and appellant.

William L. Baillie, Great Falls, for defendant and respondent.

HUNT, Justice.

Jack Brewington appeals a Workers' Compensation Court order which ruled that he is permanently partially disabled and awarded him 400 weeks of indemnity benefits under § 39-71-706, MCA. The issues on appeal are: (1) whether the lower court erred in ruling that appellant is not permanently totally disabled; (2) whether the lower court erred in awarding appellant 400 weeks of indemnity benefits rather than 500 weeks, the statutory maximum...

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