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PEILE v. DEPARTMENT OF HIGHWAYS

No. 91-191.

817 P.2d 1149 (1991)

Margo PEILE, Petitioner and Appellant, v. DEPARTMENT OF HIGHWAYS, STATE OF MONTANA, State Compensation Mutual Insurance Fund, Employer, Defendants and Respondents.

Supreme Court of Montana.

Decided September 17, 1991.

Rehearing Denied October 31, 1991.

Attorney(s) appearing for the Case

D. Patrick McKittrick, McKittrick Law Firm, Great Falls, for petitioner and appellant.

Darcy M. Crum, James, Gray & McCafferty, Great Falls, for employer, defendants and respondents.

TURNAGE, Chief Justice.

Margo Peile appeals the denial by the Workers' Compensation Court of her claim for temporary total disability benefits during retraining. We reverse and remand.

The issues are:

1. Did the Workers' Compensation Court err in determining that Peile was not entitled to temporary total disability benefits while engaged in a course of vocational rehabilitation through the Department of Social and Rehabilitation Services?

2...

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