WELDELE v. MEDLEY DEVELOPMENT

No. 86-143.

738 P.2d 1281 (1987)

Darryl V. WELDELE, Claimant and Respondent, v. MEDLEY DEVELOPMENT, Employer, and State Compensation Insurance Fund, Defendant and Appellant.

Supreme Court of Montana.

Decided June 25, 1987.


Attorney(s) appearing for the Case

Warden, Christiansen, Johnson & Berg, Stephen C. Berg, Kalispell, for defendant and appellant.

Trieweiler Law Firm, Michael C. Prezeau, Whitefish, for claimant and respondent.


HUNT, Justice.

The State Compensation Insurance Fund (State Fund) appeals a Workers' Compensation Court order setting aside the full and final compromise settlement of respondent Darryl Weldele's Workers' Compensation claim.

We affirm.

The dispositive issue on appeal is whether a mutual mistake of material fact, at the time the compromise settlement was entered into, prevented the parties from effectively consenting to the agreement. The Workers' Compensation...

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