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STAVENJORD v. MONTANA STATE FUND

No. 01-630.

67 P.3d 229 (2003)

2003 MT 67

Debra STAVENJORD, Petitioner and Respondent, v. MONTANA STATE FUND, Respondent, Appellant and Insurer for Prairie Nest Ranch, Employer.

Supreme Court of Montana.

Submitted April 18, 2002.

Decided April 1, 2003.

Attorney(s) appearing for the Case

Bradley J. Luck (argued), Kelly M. Wills, Garlington, Lohn & Robinson, Missoula, Montana, David A. Hawkins, Special Assistant Attorney General, Helena, Montana, For Appellant.

Thomas J. Murphy (argued), Murphy Law Firm, Great Falls, Montana, For Respondent.

Michael P. Heringer, Lisa A. Speare, Brown Law Firm, Billings, Montana, For Amicus Montana Defense Trial Lawyers Association.

Oliver H. Goe (argued), Kimberly L. Towe, Browning, Kaleczyc, Berry & Hoven, Helena, Montana, For Amicus Montana Self-Insurers' Association and Montana Schools Group Insurance Authority.

Charles G. Adams, Jacqueline T. Lenmark, Keller, Reynolds, Drake, Johnson & Gillespie, P.C., Helena, Montana, For Amicus American Insurance Association.

Todd A. Hammer, David M. Sandler, Hammer, Hewitt & Sandler, PLLC, Kalispell, Montana, For Amicus Plum Creek Timber Company, Inc.

Elizabeth A. Brennan, Rossbach Brennan, P.C., Missoula, Montana, For Amicus Montana Trial Lawyers Association.

Larry A. Anderson, Attorney at Law, Great Falls, Montana, For Amicus Montana Injured Workers Resource Council.

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

¶ 1 The Petitioner, Debra Stavenjord, filed a petition for hearing before the Workers' Compensation Court for the State of Montana in which she alleged that she had contracted an occupational disease on April 1, 1998, arising from her employment with Prairie Nest Ranch and that her employer was insured against workers' compensation claims by the Respondent, Montana State Fund. She contended that...

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