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MARTELLI v. ANACONDA-DEER LODGE COUNTY

No. 92-274.

852 P.2d 579 (1993)

Joseph MARTELLI, Petitioner and Appellant, v. ANACONDA-DEER LODGE COUNTY, Defendant/Employer and Respondent.

Supreme Court of Montana.

Decided May 6, 1993.

Attorney(s) appearing for the Case

Bernard J. "Ben" Everett, Knight, Dahood, McLean, Everett & Dayton, Anaconda, for petitioner and appellant.

Leo S. Ward, Browning, Kaleczyc, Berry & Hoven, Helena, for defendant/employer and respondent.

McDONOUGH, Justice.

This is an appeal from an order of the Workers' Compensation Court, dismissing Martelli's claim for permanent total disability benefits. We affirm.

The dispositive issue is whether the Workers' Compensation Court correctly refused jurisdiction of Martelli's claim. The court dismissed his claim because he had failed to appeal a previous order of the Employment Relations Division of the Department of Labor and Industry (the Division), which...

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