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HIGGINBOTHAM v. STOLTZE-CONNOR LUMBER

No. 90-077.

810 P.2d 295 (1991)

James Greg HIGGINBOTHAM, Claimant and Appellant, v. STOLTZE-CONNOR LUMBER CO., Employer/Insurer and Respondent.

Supreme Court of Montana.

Decided April 23, 1991.

Attorney(s) appearing for the Case

Janice S. VanRiper, Helena, for claimant and appellant.

Bradley J. Luck, Missoula and Todd A. Hammer, Kalispell, for employer/insurer and respondent.

Monte Beck, Bozeman, for amicus curiae.

WEBER, Justice.

The Workers' Compensation Court denied rehabilitation benefits under § 39-71-1023, MCA (1987), to James Greg Higginbotham, claimant. Claimant appeals, contending that he was entitled to rehabilitation benefits during the course of the review procedure provided by statute. We reverse.

The principal issue is whether, under § 39-71-1023, MCA (1987), an insurer must pay total rehabilitation benefits to a worker during the review by the...

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