SCHMILL v. LIBERTY NORTHWEST INS. CORP.

No. 04-523.

114 P.3d 204 (2005)

2005 MT 144

327 Mont. 293

Cassandra M. SCHMILL, Petitioner, Respondent and Cross-Appellant, v. LIBERTY NORTHWEST INSURANCE CORPORATION, Respondent, Insurer, and Appellant, and Montana State Fund, Intervenor and Appellant.

Supreme Court of Montana.

Decided June 7, 2005.


Attorney(s) appearing for the Case

For Appellants: Larry W. Jones, Jones and Garber, Missoula, Montana (Liberty), Bradley Luck and Thomas Harrington, Garlington, Lohn & Robinson, Missoula, Montana (State Fund).

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


Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Liberty Northwest Insurance Corp. (Liberty) and Montana State Fund (State Fund) appeal from the judgment of the Workers' Compensation Court (WCC). Cassandra Schmill cross-appeals from the same judgment. We affirm in part and reverse in part.

¶ 2 We address the following issues on appeal:

¶ 3 1. Whether the rule announced in Schmill I applies retroactively.

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