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LOOS FOR LOOS v. WALDO

No. 91-558.

849 P.2d 166 (1993)

Jan M. LOOS for Gary E. LOOS, Deceased, Petitioner, Respondent and Cross-Appellant, v. Jim WALDO (f/d/b/a Waldo's Acton Bar), Defendant, Appellant, and Cross-Respondent, and Uninsured Employers Fund, Defendant, Appellant and Cross-Respondent.

Supreme Court of Montana.

Decided March 17, 1993.

Attorney(s) appearing for the Case

Phillip R. Oliver, Oliver & Graves, Billings, for appellant Waldo.

Randall G. Nelson, Felt, Martin, Frazier & Lovas, Billings, for Appellant Loos.

David A. Scott, Dept. of Labor & Industry, Helena, for Respondent.

McDONOUGH, Justice.

This action arises from a claim for worker's compensation death benefits filed by Jan M. Loos against Jim Waldo, f/d/b/a Waldo's Acton Bar, and the Uninsured Employers' Fund, Department of Labor and Industry (UEF). On appeal is a judgment of the Workers' Compensation Court, finding that Gary Loos was an employee of Waldo's Acton Bar and granting death benefits to Jan Loos. Affirmed.

The issues for our review are:

1. Whether the...

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