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LEIGH v. MONTANA STATE FUND

WCC No. 2010-2447.

2010 MTWCC 37

GILBERT LEIGH Petitioner, v. MONTANA STATE FUND Respondent/Insurer.

Workers' Compensation Court of Montana.

Submitted: July 23, 2010.

December 21, 2010.

ORDER DENYING PETITIONER'S MOTION FOR SUMMARY JUDGMENT AND GRANTING RESPONDENT'S CROSS-MOTION FOR SUMMARY JUDGMENT

JAMES JEREMIAH SHEA JUDGE.

Summary: Petitioner moved for summary judgment, alleging that the insurer incorrectly calculated his average weekly wage by using a twelve-month period under § 39-71-123(3)(b), MCA, which included weeks during which he was laid off from his job as part of the period used for calculating his average...

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