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WATSON v. SEEKINS

No. 88-98.

763 P.2d 328 (1988)

Cyrus Orville WATSON, Claimant and Appellant, v. Kirk SEEKINS, Employer, and State Compensation Insurance Fund, Defendant and Respondent.

Supreme Court of Montana.

Decided October 17, 1988.

Attorney(s) appearing for the Case

Robert W. Gabriel, Great Falls, for claimant and appellant.

Mike McCarter, Hughes, Kellner, Sullivan & Alke, Helena, for defendant and respondent.

TURNAGE, Chief Justice.

Claimant appeals an order of the Workers' Compensation Court offsetting his state workers' compensation disability pay by 50 percent of his entire weekly federal disability pay. The issues on appeal are (1) whether the lower court erred in determining that the workers' compensation offset statute, § 39-71-702(2), MCA (1981), was clear and unambiguous on its face; (2) whether the lower court erred in denying Watson attorney fees and costs...

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