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FLINK v. AMERICAN ALTERNATIVE INS. CO.

No. 99-438.

7 P.3d 416 (2000)

2000 MT 224

Annette FLINK, Petitioner and Appellant, v. AMERICAN ALTERNATIVE INSURANCE CO., Respondent and Insurer for Missoula Textile Services, Employer, Defendants and Respondents.

Supreme Court of Montana.

Decided August 15, 2000.

Attorney(s) appearing for the Case

Rex Palmer, Attorneys, Inc., P.C., Missoula, Montana, For Appellant.

William Dean Blackaby, The Blackaby Law Firm, P.C., Helena, Montana, For Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Annette Flink appeals from the Findings of Fact, Conclusions of Law and Judgment of the Workers' Compensation Court awarding her a 20 percent penalty on retroactive benefits, denying her request for attorney fees, and holding that the insurer properly calculated her weekly wage using a 40-hour work week. We reverse. There is one dispositive issue on appeal: Whether the Workers' Compensation Court erred...

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