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STATE COMPENSATION INS. FUND v. McMILLAN

No. 00-623.

31 P.3d 347 (2001)

2001 MT 168

STATE COMPENSATION INSURANCE FUND, Insurer and Appellant, Anderson Logging Company, Inc., Employer, v. Lowell McMILLAN, Respondent.

Supreme Court of Montana.

Decided August 23, 2001.

Attorney(s) appearing for the Case

Thomas E. Martello, Special Assistant Attorney General, Montana State Fund, Helena, MT, for Appellant.

Allan M. McGarvey and Roger Sullivan, McGarvey, Heberling, Sullivan and McGarvey, Kalispell, MT, for Respondent.

Charles G. Adams and Jacqueline T. Lenmark, Keller, Reynolds, Drake Johnson & Gillespie, P.C., Helena, MT, (American Insurance Ass'n), for Amicus Curiae.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The Montana State Compensation Insurance Fund (State Fund) appeals from an order entered by the Workers' Compensation Court disallowing the State Fund's subrogation claim. We affirm.

¶ 2 The issue on appeal is whether the State Fund's subrogation interest is determined by the claimant's third party judgment against the United States government, which was reduced for the claimant's comparative...

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