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BECK v. FLATHEAD COUNTY

No. 87-262.

749 P.2d 527 (1988)

Josephine M. BECK, Claimant and Appellant, v. FLATHEAD COUNTY, d/b/a Flathead County Nursing Home, Employer, and State Compensation Insurance Fund, Defendant and Respondent.

Supreme Court of Montana.

Decided February 10, 1988.

Attorney(s) appearing for the Case

Trieweiler Law Firm, Terry Trieweiler (argued), Whitefish, for claimant and appellant.

Warden, Christiansen, Johnson & Berg, Todd A. Hammer (argued), Kalispell, for defendant and respondent.

TURNAGE, Chief Justice.

Claimant Josephine M. Beck appeals the Workers' Compensation Court order denying her claim for permanent partial disability benefits for loss of actual earning capacity under § 39-71-703, MCA (1985). We vacate the judgment and remand the matter to the Workers' Compensation Court.

Because we are reversing, we limit our review to the following issue:

Is the claimant required to prove an actual wage loss or merely a reduced...

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