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MELLEM v. KALISPELL LAUNDRY

No. 89-66.

774 P.2d 390 (1989)

Marie MELLEM, Claimant and Appellant, v. KALISPELL LAUNDRY & DRY CLEANERS, Employer, and State Compensation Insurance Fund, Insurer and Respondent.

Supreme Court of Montana.

Decided June 1, 1989.

Attorney(s) appearing for the Case

Allan M. McGarvey, McGarvey, Heberling, Sullivan and McGarvey, Kalispell, for claimant and appellant.

Steven J. Shapiro, Chief Legal Counsel and Charles Adams, Legal Counsel, Div. of Workers' Compensation, Helena, for insurer and respondent.

McDONOUGH, Justice.

This appeal concerns the requirements for perfecting an appeal to the Montana Workers' Compensation Court under the terms of the Montana Occupational Disease Act (MODA). Marie Mellem appeals from the court's order dismissing her appeal for failure to comply with the jurisdictional requirements of MODA. We reverse and remand with instructions.

Mellem presents three issues for review:

1. Did Mellem fail to perfect an appeal to the...

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