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CONNERY v. LIBERTY NORTHWEST INS. CORP.

No. 97-630.

960 P.2d 288 (1998)

1998 MT 125

Colleen CONNERY, Petitioner and Respondent, v. LIBERTY NORTHWEST INSURANCE, CORP., Respondent, Appellant and Insurer for Winter Sports, Inc., Employer.

Supreme Court of Montana.

Decided May 26, 1998.

Attorney(s) appearing for the Case

Larry W. Jones, Missoula, for Appellant.

David W. Lauridsen, Columbia Falls, for Respondent.

TURNAGE, Chief Justice.

¶ 1 In this action, the Workers' Compensation Court declared unconstitutional the benefit reduction provision of § 39-71-416(1), MCA. The employer's insurer, Liberty Northwest Insurance Corporation (Liberty), appeals. We affirm.

¶ 2 The issue is whether the Workers' Compensation Court erred in ruling that § 39-71-416(1), MCA, violates a worker's right to full legal redress under Article II, Section 16 of the Montana...

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