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GIBSON v. STATE COMP. MUT. INS. FUND

No. 92-259.

842 P.2d 338 (1992)

Nona Buechler GIBSON, Claimant and Respondent, v. STATE COMPENSATION MUTUAL INSURANCE FUND, Respondent and Appellant.

Supreme Court of Montana.

Decided November 24, 1992.

Attorney(s) appearing for the Case

Elizabeth A. Horsman-Wiitala, Legal Counsel, State Compensation Mut. Ins. Fund, Helena, for respondent and appellant.

Paul E. Toennis, Toennis Law Office, Billings, Melanie Symons, Legal Services Div., Dept. of Labor, Helena, for claimant and respondent.

HUNT, Justice.

Appellant, State Compensation Mutual Insurance Fund (State Fund), appeals from an adverse decision rendered by the Workers' Compensation Court. We affirm.

The only issue before this Court is whether the Workers' Compensation Court erred in determining that Section 39-71-1033, MCA (1989), provides an independent right to pursue a contested case hearing before the Department of Labor and Industry (Department), when a claimant has failed to timely...

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