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WIMAN v. DEPT. OF LABOR AND INDUSTRY

No. 03-844.

96 P.3d 710 (2004)

2004 MT 208

322 Mont. 332

Kay WIMAN, Petitioner and Appellant, v. MONTANA DEPARTMENT OF LABOR AND INDUSTRY, Board of Labor Appeals, Respondent and Respondent.

Supreme Court of Montana.

Decided August 10, 2004.

Attorney(s) appearing for the Case

For Appellant: Kay Wiman, pro se, Baker, Montana.

For Respondent: Marieke Beck, Special Assistant Attorney General, Montana Department of Labor and Industry, Helena, Montana; Albert R. Batterman, Fallon County Attorney, Baker, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Kay Wiman (Wiman) appeals the judgment of the Sixteenth Judicial District Court, Fallon County, affirming the decision of the Montana Department of Labor and Industry, Board of Labor Appeals (the BOLA).

¶ 2 We address the following issues on appeal and affirm:

¶ 3 1. Did the District Court, the BOLA, and the hearing officer err in not resolving the inconsistent positions...

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