SCHMILL v. LIBERTY NORTHWEST INS. CORP.

No. 01-663.

67 P.3d 290 (2003)

2003 MT 80

Cassandra SCHMILL, Petitioner and Respondent, v. LIBERTY NORTHWEST INSURANCE CORP., Respondent, Appellant and Insurer for Muralt's Truck Plaza, Employer.

Supreme Court of Montana.

Decided April 10, 2003.


Attorney(s) appearing for the Case

Larry W. Jones, Liberty Northwest Insurance Corp., Missoula, Montana, For Appellant.

Laurie Wallace, Bothe & Lauridsen, P.C., Columbia Falls, Montana, For Respondent.

David A. Hawkins, State Compensation Insurance Fund, Helena, Montana, For Amicus Montana State Fund.


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

¶ 1 The Petitioner, Cassandra Schmill, filed a petition in the Montana Workers' Compensation Court, in which she alleged that she suffered from an occupational disease arising from her employment with Muralt's Travel Plaza. Muralt's is insured by the Respondent, Liberty Northwest Insurance. Schmill contended that because § 39-72-706, MCA, of the Occupational Disease Act required reduction of...

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