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FELLENBERG v. TRANSPORTATION INS. CO.

No. 04-276.

110 P.3d 464 (2005)

2005 MT 90

326 Mont. 467

Ruben FELLENBERG, Petitioner and Appellant, v. TRANSPORTATION INSURANCE COMPANY, Respondent and Respondent.

Supreme Court of Montana.

Decided April 12, 2005.

Attorney(s) appearing for the Case

For Appellant: Jon L. Heberling, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Montana.

For Respondent: David M. Sandler, Hammer, Hewitt & Sandler, Kalispell, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Ruben Fellenberg (Fellenberg) appeals the Workers' Compensation Court's denial of his claim for benefits under the Occupational Disease Act of 1985. We affirm.

ISSUES

¶ 2 Fellenberg presents the following issues on appeal:

¶ 3 1. Did the Workers' Compensation Court (WCC) err in concluding that he is not entitled to permanent total disability (PTD) benefits?...

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