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SAMPSON v. BROADWAY YELLOW CAB CO.

No. 86-337.

735 P.2d 298 (1987)

Elmer SAMPSON, Claimant and Appellant, v. BROADWAY YELLOW CAB COMPANY, Employer, and State Compensation Insurance Fund, Defendant and Respondent.

Supreme Court of Montana.

Decided April 2, 1987.

As Amended on Denial of Rehearing April 30, 1987.

Attorney(s) appearing for the Case

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

Crowley Law Firm, Terry G. Spear, Billings, for defendant and respondent.

WEBER, Justice.

Claimant appeals an order of the Workers' Compensation Court which excluded his previously unreported tip income in determining his benefit rate and denied his request for a 20 percent penalty against respondents. We affirm in part and remand in part.

The issues are:

1. Should claimant's previously unreported tips be included in his wages for determining his proper compensation rate?

...

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