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BARNARD v. LIBERTY NORTHWEST INS. CORP.

No. DA 06-0741.

189 P.3d 1196 (2008)

2008 MT 254

345 Mont. 81

Rodney A. BARNARD, Petitioner and Appellee, v. LIBERTY NORTHWEST INSURANCE CORP., Respondent, Insurer and Appellant.

Supreme Court of Montana.

Decided July 22, 2008.

Attorney(s) appearing for the Case

For Appellant: Larry W. Jones, Attorney at Law, Missoula, Montana.

For Appellee: Richard J. Martin, Linnell, Newhall, Martin & Schulke, P.C., Great Falls, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Rodney Barnard petitioned the Workers' Compensation Court (WCC) for a lump sum conversion of his permanent total disability benefits. The WCC granted his petition. The insurer, Liberty Northwest Insurance (Liberty), appeals the decision of the WCC.

¶ 2 We restate and address the issues on appeal as follows:

¶ 3 Issue 1: Does § 39-71-741(1)(c), MCA (2003), limit the Department...

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