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J & L TIRE AND ALIGNMENT CENTER v. PEAK

No. 89-612.

805 P.2d 571 (1991)

J & L TIRE AND ALIGNMENT CENTER and State Compensation Insurance Fund, Defendants and Appellants, v. James R. PEAK, Claimant and Respondent.

Supreme Court of Montana.

Decided February 6, 1991.

Attorney(s) appearing for the Case

Norman C. Peterson, Agency Legal Services Bureau, Nancy Butler, State Ins. Fund, Dept. of Labor, Helena, for defendants and appellants.

R.V. Bottomly, Bottomly Law Offices, Great Falls, for claimant and respondent.

HUNT, Justice.

Appellant State Compensation Insurance Fund (State Fund) appeals from an order of the Workers' Compensation Court granting claimant attorney fees on the full amount of his final award.

We affirm.

The sole issue raised on appeal is whether the defendants made a firm offer of settlement prior to the final award.

In October of 1984, James Peak sustained a back injury while employed at J & L Tire and Alignment Center. He retained...

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