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BROEKER v. GREAT FALLS COCA-COLA

No. 95-221.

914 P.2d 967 (1996)

Thomas R. BROEKER, Petitioner, Appellant, and Cross-Respondent, v. GREAT FALLS COCA-COLA BOTTLING COMPANY, Employer, and State Compensation Mutual Insurance Fund, Defendant, Respondent, and Cross-Appellant.

Supreme Court of Montana.

Decided April 5, 1996.

Attorney(s) appearing for the Case

Lawrence A. Anderson, Great Falls, for Appellant.

William O. Bronson, James, Gray, & McCafferty, Great Falls, for Respondent.

Jacqueline T. Lenmark, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, for Amicus American Insurance Association.

TRIEWEILER, Justice.

The petitioner, Thomas Broeker, filed a petition in the Workers' Compensation Court of the State of Montana in which he sought to reduce the amount by which State Compensation Mutual Insurance Fund was offsetting his workers' compensation disability benefits based on his receipt of social security disability benefits. He alleged that cost-of-living adjustments were inappropriately included in the offset...

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