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MONTANA STATE FUND v. MURRAY

No. 04-576.

111 P.3d 210 (2005)

2005 MT 97

326 Mont. 516

MONTANA STATE FUND, Petitioner and Appellant, v. Carl MURRAY and Indemnity Insurance Company of North America, Respondent/Claimant and Respondent/Insurer.

Supreme Court of Montana.

Decided April 19, 2005.

Attorney(s) appearing for the Case

For Appellant: Thomas E. Martello, Special Assistant Attorney General, Montana State Fund, Helena, Montana.

For Respondents: Bernard J. Everett; Knight, Dahood, Everett & Sievers Anaconda, Montana (for Respondent Carl Murray) Leo S. Ward, Attorney at Law; Browning, Kaleczyc, Berry & Hoven, Helena, Montana (for Respondent Indemnity Insurance Company of North America).

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 The Workers' Compensation Court determined that the Montana State Fund, rather than Indemnity Insurance Company of North America, is the workers' compensation insurer liable for compensation payable for Carl Murray's occupational disease, including disability and medical expenses for knee replacements. The State Fund appeals, and we affirm.

¶ 2 While the State Fund raises the overall...

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