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STEVENS v. STATE FUND

Nos. 94-004 and 94-005.

886 P.2d 962 (1994)

Patrick STEVENS, Petitioner/Appellant and Cross-Respondent, v. STATE COMPENSATION MUTUAL INSURANCE FUND, Stanford Stevens, Defendant, Employer/Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided December 19, 1994.

Attorney(s) appearing for the Case

Michael G. Eiselein, Lynaugh, Fitzgerald, Eiselein & Eakin, Billings, for appellant.

Michael P. Heringer, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings, for respondent.

NELSON, Justice.

This is an appeal and cross-appeal from a Workers' Compensation Court order concluding that the claimant did not fraudulently obtain workers' compensation benefits from the State Fund. The Workers' Compensation Court also concluded that the insurer was not unreasonable in its investigation and termination of the claimant's benefits. We affirm in part and reverse and remand in part.

We restate the following issues on appeal and cross-appeal...

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