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McKINLEY v. AMERICAN DENTAL MFG. CO.

No. 87-365.

754 P.2d 831 (1988)

Jody McKINLEY, Claimant and Respondent, v. AMERICAN DENTAL MANUFACTURING COMPANY, Employer, and State Compensation Insurance Fund, Defendants and Appellants.

Supreme Court of Montana.

Decided May 17, 1988.

Attorney(s) appearing for the Case

Oliver H. Goe, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, for defendants and appellants.

Julio K. Morales, Morales & Volinkaty, Missoula, for claimant and respondent.

WEBER, Justice.

This is an appeal of the amount of attorney fees awarded by the Workers' Compensation Court in Ms. McKinley's claim for disability benefits. We reverse and remand to the Workers' Compensation Court.

Appellant State Compensation Insurance Fund (State Fund) states the issue as whether the lower court erred in ignoring offers of settlement made prior to trial in determining the attorney fee awardable under § 39-71-612, MCA (1983).

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