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LOVELL v. STATE COMP. MUT. INS. FUND

No. 93-036.

860 P.2d 95 (1993)

Leslie Lee LOVELL, Petitioner and Appellant, v. STATE COMPENSATION MUTUAL INSURANCE FUND, Defendant, Insurer and Respondent.

Supreme Court of Montana.

Decided September 2, 1993.

Rehearing Denied October 21, 1993.

Attorney(s) appearing for the Case

Terry Spear, Matovich, Addy & Keller, Billings, for petitioner and appellant.

Laurence A. Hubbard, State Compensation Mut. Ins. Fund, Helena, for defendant, insurer and respondent.

GRAY, Justice.

Leslie L. Lovell (Lovell) appeals from a judgment of the Workers' Compensation Court awarding him temporary total disability benefits of $8.26 per week. The State Compensation Mutual Insurance Fund (State Fund) cross-appeals the Workers' Compensation Court's imposition of a twenty percent penalty, attorney's fees and costs. We affirm in part, reverse in part and remand.

We phrase the issues on appeal as follows:

1) Did the Workers' Compensation...

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