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MILLER v. FRASURE

No. 90-372.

809 P.2d 1257 (1991)

Linda Newman MILLER, Claimant and Respondent, v. Maurine FRASURE, d/b/a O'Haire Motor Inn Restaurant, Employer, and Western Guaranty Fund Services, Defendant and Appellant.

Supreme Court of Montana.

Decided April 16, 1991.

Attorney(s) appearing for the Case

K. Dale Schwanke, Jardine, Stephenson, Blewett & Weaver, Great Falls, for defendant and appellant.

Randall H. Gray, James, Gray & McCafferty, Great Falls, for claimant and respondent.

McDONOUGH, Justice.

This appeal from an order of the Workers' Compensation Court involves an increase in an injured worker's weekly compensation benefits. The defendant insurer, Western Guaranty Fund Services appeals the order of the court awarding claimant Linda Miller an increase in benefits from $80.00 per week to $138.30 per week. The award was based on Miller's claim that she had earned substantially more in tips and had failed to report such tips to her employer...

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