MICHALAK v. LIBERTY NORTHWEST INS. CORP.

No. DA 07-0208.

175 P.3d 893 (2008)

2008 MT 3

Curtis M. MICHALAK, Petitioner and Appellee, v. LIBERTY NORTHWEST INSURANCE CORPORATION, Respondent/Insurer. and Appellant.

Supreme Court of Montana.

Decided January 3, 2008.


Attorney(s) appearing for the Case

For Appellant: Larry W. Jones, Law Offices of Larry W. Jones, Missoula, Montana.

For Appellee: Sydney E. McKenna and Justin Starin, Tornabene & McKenna, PLLC, Missoula, Montana.


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

¶ 1 Liberty Northwest Insurance Corporation (Liberty) appeals from the judgment of the Workers' Compensation Court (WCC). We affirm.

¶ 2 We restate the issues as follows:

¶ 3 Did the WCC err when it concluded that Michalak's injury occurred during the course and scope of his employment?

¶ 4 Did Michalak abandon his employment by participating in reckless behavior...

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