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STAVENJORD v. MONTANA STATE FUND

No. 04-737.

146 P.3d 724 (2006)

2006 MT 257

334 Mont. 117

Debra STAVENJORD, Petitioner and Appellant, v. MONTANA STATE FUND, Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided October 6, 2006.

Attorney(s) appearing for the Case

For Appellant: Thomas J. Murphy, Murphy Law Firm, Great Falls, Montana.

For Respondent: Bradley J. Luck, Thomas J. Harrington, Garlington, Lohn & Robinson, PLLP, Missoula, Montana, David Hawkins, Montana State Fund, Helena, Montana.

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

¶ 1 Both parties appeal from an Order of the Workers' Compensation Court (WCC) related to common fund attorney fees and retroactive application of our ruling in Stavenjord v. Montana State Fund, 2003 MT 67, 314 Mont. 466, 67 P.3d 229 (Stavenjord I). In Stavenjord I, we affirmed the WCC's determination that: (1) application of § 39-72-405...

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