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RAUSCH v. STATE COMPENSATION INS. FUND

Nos. 01-420, 01-441, 01-442.

54 P.3d 25 (2002)

2002 MT 203

Alexis RAUSCH, as Conservator for Kevin Rausch, and on behalf of others similarly situated, Charles Fisch, individually and on behalf of others similarly situated, Thomas Frost, individually and on behalf of others similarly situated, Plaintiffs/Appellants, v. STATE COMPENSATION INSURANCE FUND, Defendant/Respondent.

Supreme Court of Montana.

Decided September 5, 2002.

Attorney(s) appearing for the Case

Lon J. Dale, James T. Towe, Milodragovich, Dale, Steinbrenner & Binney, P.C., Missoula, Montana (For Rausch), Monte D. Beck, Attorney at Law, Bozeman, Montana (For Fisch), Stephen D. Roberts, Attorney at Law, Bozeman, Montana (For Frost), For Appellants.

Greg E. Overturf, Montana State Fund, Helena, Montana, For Respondent.

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

¶ 1 Appellants, Alexis Rausch (as conservator for Kevin Rausch), Charles Fisch, and Thomas Frost, each filed separate petitions in Workers' Compensation Court claiming entitlement to immediate payment of an impairment award based on their respective impairment ratings. Respondent, State Compensation Insurance Fund, denied immediate payment of the impairment awards, asserting that the benefit was...

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