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THAYER v. UNINSURED EMPLOYERS' FUND

No. 99-002.

991 P.2d 447 (1999)

1999 MT 304

Gerald L. THAYER (Deceased), Phyllis Thayer, Appellant, v. UNINSURED EMPLOYERS' FUND, Respondent, Richard Smith, d/b/a RRS, Inc., Employer.

Supreme Court of Montana.

Decided December 7, 1999.

Rehearing Denied December 22, 1999.

Attorney(s) appearing for the Case

Norman L. Newhall, Linnell, Newhall, Martin & Schulke, P.C.; Great Falls, Montana, For Appellant.

Mark Cadwallader, Department of Labor and Industry; Helena, Montana, For Respondent.

Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 Phyllis Thayer filed a petition in the Montana Workers' Compensation Court in which she alleged that the Uninsured Employers' Fund wrongfully terminated payment of her survivor benefits pursuant to § 39-71-511, MCA. The Workers' Compensation Court concluded that the Uninsured Employers' Fund properly terminated Phyllis' benefits and that § 39-71-511, MCA, did not violate Article II...

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