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FLYNN v. MONTANA STATE FUND

No. DA 06-0734.

197 P.3d 1007 (2008)

2008 MT 394

347 Mont. 146

Robert FLYNN and Carl Miller, Individually and on Behalf of Others Similarly Situated, Petitioners and Appellees, v. MONTANA STATE FUND, Respondent/Insurer and Appellant, and Liberty Northwest Insurance Corporation, Intervenor and Appellant.

Supreme Court of Montana.

Decided November 25, 2008.

Attorney(s) appearing for the Case

For Appellants: Steven W. Jennings; Crowley, Haughey, Hanson, Toole & Dietrich, PLLP; Billings, Montana, Larry W. Jones, Law Offices of Larry W. Jones; Missoula, Montana, Shane McGovern, Geoffrey R. Keller; Matovich & Keller, P.C.; Billings, Montana, Bradley J. Luck; Garlington, Lohn & Robinson; Missoula, Montana.

For Appellees: Rexford L. Palmer; Attorneys Inc., P.C.; Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellants Montana State Fund, Liberty Northwest Insurance Corp., and certain "Common Fund Insurers" (collectively State Fund) appeal from the order of the Workers' Compensation Court (WCC). We affirm in part and reverse in part.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Did the WCC err by refusing to apply judicial decisions retroactively to only claims in "active...

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