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KRUZICH v. OLD REPUBLIC INS. CO.

No. DA 06-0436.

188 P.3d 983 (2008)

2008 MT 205

344 Mont. 126

Henry KRUZICH, Petitioner and Appellee, v. OLD REPUBLIC INSURANCE COMPANY, Respondent/Insurer and Appellant.

Supreme Court of Montana.

Decided June 10, 2008.

Rehearing Denied July 16, 2008.

Attorney(s) appearing for the Case

For Appellant: Joe C. Maynard, Steven W. Jennings, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Billings, Montana.

For Appellee: William P. Joyce, Joyce, Johnston & MacDonald, PLLP, Butte, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Old Republic Insurance Company (Old Republic) appeals a judgment of the Workers' Compensation Court (WCC) setting aside the 1994 settlement agreement between Old Republic and Henry Kruzich, and reopening Henry's claim. We reverse.

¶ 2 We address the following issue on appeal: Did the WCC err in rescinding the settlement agreement based upon...

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