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BAETA v. DON TRIPP TRUCKING

No. 92-041.

839 P.2d 566 (1992)

Thomas BAETA, Claimant and Appellant, v. DON TRIPP TRUCKING, Employer, and State Compensation Mutual Insurance Fund, Defendant and Respondent.

Supreme Court of Montana.

Decided September 22, 1992.

Attorney(s) appearing for the Case

For Claimant and Appellant; Rex Palmer, Missoula.

For Defendant and Respondent: Michael Prezeau, Garlington, Lohn & Robinson, Missoula.

HARRISON, Justice.

This is an appeal from the Workers' Compensation Court, the Honorable Timothy W. Reardon presiding. The Workers' Compensation Court determined that claimant Thomas Baeta was entitled to $46,825 in benefits and an award of reasonable attorney's fees and costs pursuant to §§ 39-71-612 and -614, MCA (1985). The court denied Baeta's request for attorney's fees and costs incurred in litigating the fee and cost issue. Baeta now appeals from...

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