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COTTRILL v. COTTRILL SODDING SERVICE

No. 86-467.

744 P.2d 895 (1987)

David C. COTTRILL, Claimant and Appellant, v. COTTRILL SODDING SERVICE, Employer, and State Compensation Insurance Fund, Defendant and Respondent.

Supreme Court of Montana.

Decided November 3, 1987.

Attorney(s) appearing for the Case

Jack M. Scanlon, Donald A. Garrity argued, Helena, for claimant and appellant.

Nancy Butler argued, Helena, for defendant and respondent.

HUNT, Justice.

Appellant, David Cottrill, appeals from an order of the Workers' Compensation Court denying his claim for wage benefits. The Workers' Compensation Court also denied appellant's petition for a rehearing because the constitutional issue raised for rehearing was at no time earlier raised.

We reverse and remand to the Workers' Compensation Court.

The issues raised on appeal are:

1. Can plaintiff raise the issue of constitutional...

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