KUENNING v. BIG SKY OF MONTANA

No. 87-229.

750 P.2d 1091 (1988)

Shelby KUENNING, Claimant and Appellant, v. BIG SKY OF MONTANA, Employer, and State Compensation Insurance Fund, Defendant and Respondent.

Supreme Court of Montana.

Decided March 1, 1988.


Attorney(s) appearing for the Case

Ugrin, Alexander, Zadick & Slovak; J. David Slovak, Great Falls, for claimant and appellant.

Mike Greely, Atty. Gen., Helena, Norman C. Peterson, Asst. Atty. Gen., Helena, for defendant and respondent.


TURNAGE, Chief Justice.

Claimant Kuenning appeals the May 21, 1987, decision of the Workers' Compensation Court. The decision denied Kuenning's petition for additional permanent partial disability benefits. We affirm.

Kuenning presents two issues for our review:

1. Did the court abuse its discretion in concluding that Kuenning had failed to prove an actual loss of earning capacity as required by § 39-71-703, MCA (1985), for partial disability...

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