LIBERTY NORTHWEST v. MONTANA STATE FUND

No. DA 09-0037.

219 P.3d 1267 (2009)

2009 MT 386

LIBERTY NORTHWEST INSURANCE CORPORATION, Petitioner and Appellant, v. MONTANA STATE FUND, Respondent and Appellee, In re Claim of Gary Mitchell, Claimant/Intervenor and Appellee.

Supreme Court of Montana.

Decided November 12, 2009.


Attorney(s) appearing for the Case

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

For Appellee Montana State Fund. Daniel B. McGregor, Montana State Fund, Helena, Montana.

For Intervenor and Appellee Gary Mitchell: Steven S. Carey, David T. Lighthall, Carey Law Firm, P.C., Missoula, Montana.


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

¶ 1 Liberty Northwest Insurance Corporation (Liberty) appeals from a decision of the Workers' Compensation Court (WCC) finding it liable for the low-back condition of Gary Mitchell (Mitchell). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On September 2, 1994, Mitchell suffered an industrial injury to his low back in the course of his employment with Washington Construction...

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