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JOHNSON v. GIBSON

No. 86-486.

740 P.2d 665 (1987)

Jerome JOHNSON, Claimant and Respondent, v. J.W. GIBSON, Employer, and Fidelity & Casualty Company of New York, Defendants and Appellants.

Supreme Court of Montana.

Decided July 23, 1987.

Attorney(s) appearing for the Case

Herndon, Harper & Munro; Donald R. Herndon, Billings, for defendants and appellants.

Keefer Law Firm, Gene R. Jarussi, Billings, for claimant and respondent.

GULBRANDSON, Justice.

Fidelity & Casualty Company of New York (the insurer) appeals a Workers' Compensation Court order which grants a lump sum advance to the claimant, Jerome Johnson. Johnson cross-appeals contending the court should have increased his award by 20% for insurer unreasonableness. The issues on appeal are (1) whether the court erred in granting a lump sum advance to claimant to pay a debt which he had incurred in anticipation of a settlement of...

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