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VAN VLEET v. ASS'N OF COUNTIES WORK. COMP.

No. 04-206.

103 P.3d 544 (2004)

2004 MT 367

324 Mont. 517

Mindy VAN VLEET, Individually and as natural guardian of Vanesa Van Vleet, Petitioner and Appellant, v. MONTANA ASSOCIATION OF COUNTIES WORKERS' COMPENSATION TRUST, Respondent/Insurer and Respondent.

Supreme Court of Montana.

Decided December 21, 2004.

Attorney(s) appearing for the Case

For Appellant: Anna M. Bidegaray, Daniel B. Bidegaray, Bidegaray Law Firm, Bozeman, Montana.

For Respondent: Norman H. Grosfield, Utick & Grosfield, Helena, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Mindy Van Vleet (Van Vleet), individually and as natural guardian of Vanesa Van Vleet, appeals from the judgment entered by the Montana Workers' Compensation Court (WCC) on its order dismissing her petition requesting death benefits pursuant to the Montana Workers' Compensation Act for the death of Shawn Van Vleet (Shawn). We reverse.

¶ 2 The issue on appeal is whether the WCC erred in determining...

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