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SCHMILL v. LIBERTY NORTHWEST INS. CORP.

No. DA 08-0407.

223 P.3d 842 (2009)

2009 MT 430

354 Mont. 88

Cassandra SCHMILL, Petitioner and Appellee, v. LIBERTY NORTHWEST INSURANCE CORPORATION, Respondent and Insurer, and Montana State Fund, Intervenor, et al., Respondents and Appellants.

Supreme Court of Montana.

Submitted May 20, 2009.

Decided December 22, 2009.

Rehearing Denied January 26, 2010.

Attorney(s) appearing for the Case

For Appellants: Oliver Hayes Goe, Leo S. Ward; Browning, Kaleczyc, Berry & Hoven, P.C.; Helena, Montana (for Montana Municipal Insurance Authority and Montana Schools Group Workers' Compensation Program).

Steven W. Jennings (argued); Crowley, Haughey, Hanson, Toole & Dietrich, PLLP; Billings, Montana (for Several Insurers/Appellants).

Larry W. Jones; Liberty NW Insur. Corp.; Missoula, Montana (for Liberty NW Ins. Corp.).

Bradley J. Luck; Garlington, Lohn & Robinson, PC; Missoula, Montana (for State Fund).

For Appellee: Laurie Wallace (argued); Bothe & Lauridsen, PC; Columbia Falls, Montana.

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

¶ 1 Liberty Northwest Insurance Corporation and Intervenor Montana State Fund (Responding Insurers), et al., appeal from the order of the Workers' Compensation Court (WCC). We affirm.

¶ 2 The following issues are restated on appeal:

¶ 3 I. Does the enforcement of Schmill I and Schmill II violate the due process rights of the Responding Insurers?

¶...

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