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McFERRAN v. CONSOLIDATED FREIGHTWAYS

No. 00-437.

15 P.3d 935 (2000)

2000 MT 365

John McFERRAN, Petitioner and Appellant, v. CONSOLIDATED FREIGHTWAYS, Employer/Insurer and Respondent.

Supreme Court of Montana.

Decided December 28, 2000.

Attorney(s) appearing for the Case

Patrick R. Sheehy, Halverson, Sheehy & Plath, P.C., Billings, MT, For Appellant.

Leo S. Ward, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, MT, For Respondent.

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

¶ 1 The Claimant, John McFerran, filed a petition in the Workers' Compensation Court for the State of Montana in which he sought total disability benefits. His employer, Consolidated Freightways, asserted that he was still employable, and therefore not permanently totally disabled. The Workers' Compensation Court concluded that, pursuant to § 39-72-116(24), he did not qualify for total disability...

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