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FRANCETICH v. STATE COMP. MUT. INS. FUND

No. 91-093.

827 P.2d 1279 (1992)

Wayne FRANCETICH, Claimant and Appellant, v. STATE COMPENSATION MUTUAL INSURANCE FUND, Defendant and Respondent.

Supreme Court of Montana.

Decided March 10, 1992.

Attorney(s) appearing for the Case

Don Edgar Burris (argued), Billings, for claimant and appellant.

Laurence A. Hubbard (argued), Mark E. Cadwallader, Helena, for defendant and respondent.

Patricia Cotter (argued), Cotter & Cotter, Great Falls, for amicus curiae.

HUNT, Justice.

Claimant and appellant Wayne Francetich suffered an on-the-job injury on December 2, 1988. Respondent State Compensation Mutual Insurance Fund accepted liability and paid workers' compensation benefits to the claimant. The claimant also obtained a policy limits insurance settlement from the third party responsible for the accident. The State Fund attempted to exercise subrogation rights pursuant to § 39-71-414(6)(a), MCA. The claimant resisted...

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