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STRATEMEYER v. LINCOLN COUNTY

No. 92-376.

855 P.2d 506 (1993)

Gary STRATEMEYER, Claimant and Respondent, v. LINCOLN COUNTY, Employer, and Maco Workers' Compensation Trust, Defendant and Appellant.

Supreme Court of Montana.

Decided June 23, 1993.

Rehearing Denied July 16, 1993.

Attorney(s) appearing for the Case

Norman H. Grosfield, Utick & Grosfield, Helena (argued), for defendant and appellant.

Sydney E. McKenna, Patterson, Marsillo, Tornabene, Schuyler & McKenna, Missoula (argued), for claimant and respondent.

John J. Richardson, Beck Law Offices, Bozeman, amicus curiae for Montana Trial Lawyers Ass'n.

Charles G. Adams, Helena, amicus curiae for State Compensation Mut. Ins. Fund.

Robert E. Sheridan, Garlington, Lohn & Robinson, Missoula, amicus curiae for Montana Self-Insurers Ass'n.

McDONOUGH Justice.

This is an appeal from an order of the Worker's Compensation Court, concluding that subsections (3)(a) and (b) of § 39-71-119, MCA (1987), violate Article II, Section 4 of the Montana Constitution. We reverse.

The sole issue on appeal is whether the Workers' Compensation Court erred in concluding that subsections (3)(a) and (b) of § 39-71-119, MCA, violate Article II, Section 4 of the Montana Constitution, which states ... "[n...

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