Sorum v. Rieder Co. ( 1983 )


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  •            IN THE SUPREME COURT OF THE STATE OF MONTANA
    No.      82-392
    DONAL R. SORUM (FATAL),
    DELORES P. SORUM, personal
    representative for the Estate
    and of DENISE SORUM MATZ and
    LEE ANN GETTEN, as children
    of the deceased,
    Claimant and Appellant,
    v.
    RIEDER AND COMPANY,
    Employer,
    and
    AMERICAN HARDWARE MUTUAL,
    Insurer, Respondent and
    Cross-Appellant.
    ORDER AMENDING OPINION
    PER CURIAM:
    The parties having notified the Court that an error of
    fact appears in our opinion in this case,
    IT IS ORDERED:
    1.     The opinion of Court in this case be and is hereby
    amended so that the language appearing on page three of the
    opinion reads as follows:
    "Claimants Sorum and American Hardware were unable
    to reach an amicable agreement as to the division
    of the settlement. As a result, $285,000 of the
    settlement had before this appeal been distributed
    to Sorum; the remaining $15,000 has been placed in
    deposit with a trustee pending the outcome of this
    litigation."
    DATED this    la    day .8&
    34-
    of
    -   \
    C h i e f Justice
    No.    82-392
    I N THE SUPREME COURT O THE STATE O M N A A
    F           F OTN
    1983
    D N L R . SORUM, (FATAL), DELORES P.
    O AD
    SORUM, p e r s o n a l r e p r e s e n t a t i v e f o r t h e
    E s t a t e o f DENISE S R M YATZ AND LEE ANN
    OU
    GETTEN a s c h i l d r e n o f d e c e a s e d ,
    C l a i m a n t and A p p e l l a n t ,
    RIEDER AND COMPANY, Employer,
    and
    AMERICAN H R W R MUTUAL,
    AD AE
    Defendant and Respondent.
    Appeal from:          W o r k e r s ' Compensation C o u r t , The H o n o r a b l e
    Timothy Reardon, J u d g e p r e s i d i n g .
    C o u n s e l o f Record:
    For Appellant:
    F r i s b e e , I4oore & S t u f f t ; J o h n P . Moore a r g u e d ,
    C u t Bank, Montana
    F o r Respondent:
    M a r r a , Wenz, J o h n s o n & Hopkins; Thomas Marra a n d
    C h a r l e s J o h n s o n a r g u e d , Great F a l l s , Montana
    Submitted:            J u n e 2 , 1983
    Decided:          J u l y 1 4 , 1983
    JUL 14 1383
    F i l e d ..
    Clerk
    Mr. Justice John C. Sheehy delivered the Opinion of the Court.
    Claimants Sorum appeal from an order of the Workers'
    Compensation Court awarding              100% subrogation to American
    Hardware Mutual in the proceeds of a third-party settlement
    of   tort   claims       achieved   by    Sorum.     American           Hardware
    cross-appeals         from   the    application      by       the       Workers
    Compensation Court of the Swanson rule (Swanson v. Champion
    International Corporation (1982),                  Mont   .         ,   
    646 P.2d 1166
    , 
    39 St.Rep. 639
    ), to the subrogation rights of American
    Hardware.
    We reverse the Workers Compensation Court as to the 100%
    subrogation interest of American Hardware, and affirm the
    application of the Swanson rule.
    Before discussing the issues, we state the general facts
    giving rise to the controversy.            Donald R. Sorum, an employee
    of Rieder   &       Company of Cutbank, Montana, lost his life on
    August 22, 1979 as the result of an industrial accident.                     One
    Leonard F. Doran was operating a road grader which got out of
    control and struck a scaffold upon which decedent Sorum was
    working.    The circumstances related to this court indicate
    that the death may have been instantaneous.
    Rieder     &   Company, Sorumfs employer, carried its workersf
    compensation coverage with American Hardware.                 That company,
    in the regular course of events, began paying workmanfs
    compensation benefits to the widow of the deceased, Dolores
    P. Sorum.     The subrogation rights of American Hardware arise
    out of the payment of those benefits.
    Dolores Sorum, as personal representative and widow of
    the decedent, and the heirs in their own behalf, brought suit
    against Leonard F. Doran for damages arising out of the
    injuries and death of Donald R. Sorum.              While this suit was
    in progress, Doran's           insurance carrier, Safeco Insurance
    Company, brought action in the District Court, 18th District,
    Gallatin County, alleging fraud in the procurement of the
    insurance policy which would otherwise insure Doran for his
    liability arising out of Sorum's death.                Through claimants'
    counsel, Sorums intervened in the Gallatin County action and
    eventually the District Court in Gallatin County granted
    summary judgment in favor of the Sorums, refusing to hold
    Doran's insurance policy void.           As a result, a settlement of
    $300,000 was reached for Safeco's responsibility as insurer
    of Doran.
    Claimants Sorum and American Hardware were unable to
    reach    an    amicable agreement as        to    the division of     the
    settlement.          As a result, the $300,000 has been placed on
    deposit       with     a   trustee    pending    the   outcome   of   this
    litigation.          In the meantime, the matter was brought to the
    Workers' Compensation Court for decision, resulting in the
    orders which are here appealed from by the parties.
    Whether       American     Hardware   - entitled - - - -
    is         to 50% or 100%
    subrogation - - benefits - - paid - -
    for the      it has   or will pay -
    to
    claimants Sorum.
    The subrogation rights of American Hardware, a first
    lien on the claim, judgment or recovery made by the Sorums,
    an controlled by section 39-71-414, MCA.               In pertinent part,
    that section provides:
    "Section 39-71-414.      Subrogation.
    "(1) If an action is prosecuted as provided
    for.      ..
    the insurer is entitled to subrogation for
    all compensation and benefits paid or to be paid
    under the Workman's Compensation Act. .             .
    " (2) (a) If the injured employee intends to
    institute the third-party action, he shall give the
    insurer reasonable notice            of   his     intention    to
    institute the action.
    "(b) The injured employee may request that the
    insurer pay a proportionate share of the reasonable
    cost of the action, including attorneys' fees.
    " (c) The insurer may elect not to participate in
    the cost of the action. If this election is made,
    the insurer waives 5 0 % of its subrogation rights
    granted by this section.
    " ( 3 ) If an injured employee refuses or fails to
    institute the third-party action within 1 year from
    the date of injury, the insurer may institute the
    action in the name of the employee and for the
    employee's benefit or that of the employee's
    personal representative.          . ."
    The principal controversy under this issue is whether
    American Hardware communicated to Sorums that it elected to
    pay a proportionate share of the reasonable costs of the
    action against Doran, including attorney's fees.                   American
    Hardware contends that it did communicate such election to
    counsel for the Sorums.            On the other hand, the Sorums
    contend that American Hardware never communicated its intent
    to pay such costs and attorney's fees until the settlement
    had been achieved and, therefore, it has waived 5 0 % of its
    subrogation rights.
    The record in this case, the arguments in brief and the
    oral presentation are replete with charges and countercharges
    by each counsel of bad faith and sharp practice on the part
    of   the   other.      We        cut    through    these    charges       and
    countercharges to     go    to    the heart       of   the matter:       What
    evidence in the record indicates on the part of American
    Hardware an unequivocal agreement communicated to the Sorums
    that the company would pay a proportionate share of the
    reasonable costs of the action, including attorney's fees?
    In the voluminous record of this case, all that we have
    on this principal issue is a few letters between the parties
    that    shed    any   light on American     Hardware's communicated
    intent to Sorum.       Although the deposition of Wesley Noel, the
    insurance adjuster for American Hardware handling the case at
    the time, was taken in the course of the proceedings here,
    Noel    was    prevented   by   his   counsel at   the   time of his
    deposition from producing material from his file which would
    have aided in determining American Hardware's intent as to
    such participation.        Moreover, at the Workerst Compensation
    Court hearing, no additional evidence was presented on oral
    testimony other than documentary exhibits, including those to
    which we will here advert.            We are, therefore, in as good
    position as the Workers' Compensation Court to determine the
    fact issue.
    As we indicated, on August 22, 1979, the decedent met
    his unfortunate dea.th. On August 28, 1979, Noel traveled to
    Bozeman to discuss the facts of the accident with Doran, the
    operator of the road grader.           On October 12, 1979, letters
    were issued to Dolores Sorum as personal representative of
    the decedent's estate.          She signed the complaint against
    Leonard Doran on October 26, 1979.         On November 6, 1979, ~ o e l
    addressed a letter to counsel for the claimant, in which he
    said with respect to the payment of costs and attorney's
    fees:
    "As of now, we - - reached a final
    have not
    determination - t o whether - - - - - - will
    as -           or not we will-or
    --
    not participate - - - - of any action which
    miaht be filed.
    in the cost
    In the event YOU are unable to
    z
    reach an agreement with the Dorants insurance
    company or Doran and his representatives, and
    determine it is necessary to institute an action, I
    would appreciate your giving me ample notice of
    your intentions." (Emphasis supplied).
    On November 12, 1979, counsel for the Sorums transmitted
    to Noel, along with an enclosing letter, a copy of Sorum's
    complaint against Doran which, the letter stated, had been
    filed.     The court file indicates that the complaint was filed
    on November 15, 1979.
    The written records in this cause do not indicate that a
    request was made by counsel for Sorums for payment of the
    company's      share of    the   costs a.nd attorney's        fees under
    section 39-71-414 (2)(b).        However, Noel's letter of November
    6, 1979, stating the company had not yet made a decision,
    indicates such a request had been made.
    It should be apparent that when a request is made upon
    an insurer under section 39-71-414, MCA, for payment of a
    share of the attorney's fees and costs of an action against a
    responsible third party, the response of the insurer as to
    its    intention should be       explicit, immediate and without
    reservation.      Such a response is necessary because it will
    aid the claimant's attorney to evaluate the claim from his
    clients'      viewpoint,   and   it   will   give    assurance      to   the
    claimant that costs will be shared as incurred if the suit is
    unsuccessful;     and, further, it means that attorney's fees in
    the third-party suit will be shared in those cases where the
    claimant is responsible for fees.
    The next correspondence in the record is a letter from
    Noel     to   claimant's    attorney    dated       January   24,    1980.
    Confirming a recent conversation, Noel stated:
    "As I pointed out in our telephone conversation, -
    we
    do - - to actively participate - - third-party
    -  wish                           in a
    action and, thus, protect our subrogation rights as
    per theworkman's compensation law.          I ha=
    discussed this point with the company attorney.
    and he has suggested that perhaps it might be
    ..
    helpful if he were to assist by taking depositions,
    or in any other area where his expertise might be
    of some benefit. If you have other suggestions as
    to how we might be able to participate, which would
    be   to our mutual benefit, please advise."
    (Emphasis supplied)
    It is on the language of that letter that the Workers'
    Compensation       Court    relied    when    it    found    that    American
    Hardware intended to pay the reasonable costs of the action,
    including   attorney's        fees.          In    order    to   reach   that
    conclusion, however, the court must                 infer that Noel, in
    proposing "to actively participate" was talking about payment
    of costs and not about participating                  in the third-party
    action itself by having its attorney participate.                   The tenor
    of the letter seems to be that the attorney for American
    Hardware would, himself, take a part in the prosecution of
    claimant's claim against the responsible third party.                     Of
    course, this could not be.            The claimant has a right to his
    or her own attorney in the prosecution of such action, and
    the employer or its carrier has no right to prosecute the
    action unless the injured employee or his estate refuses or
    fails to institute the third-party action within one year
    from the date of the injury.             (Section 39-71-414(3), MCA.)
    That the insurer was entertaining a reservation about whether
    it would participate in the payment of attorney's fees is
    buttressed by          the next item of correspondence from Noel,
    which was not sent until July 14, 1980, in which he stated:
    "I can appreciate your concern over our principal's
    -   -
    refusal to make a substantial advance to cover
    costs, as I am sure that Mrs. Sorum does not have
    the funds available to readily advance these funds.
    However, we would. - agreeable to participating on
    be
    - pro ratabasis, the incurred costs of discover5
    a
    and would also furnish the services-of      our own
    - - -
    attorney - assist you.
    to                I would question very
    seriously - -we would have any obligation to
    that
    participate - - - - of attorney's fees incurred
    in the cost
    -
    to prosecute the declaratory judgment action.
    "I wish to point out that the law clearly sta.tes
    that we are entitled to a 50% recovery of the total
    benefits we have paid, regardless of whether we
    participate in any manner.  This, understandably,
    is one of the reasons why the company is not
    agreeable to making advances along the lines you
    have previously suggested."   (Emphasis supplied)
    No other interpretation of the foregoing language is
    possible except that the company was hedging with respect to
    sharing the payment of attorney's fees.                   The declaratory
    judgment referred to in the letter is the action that was
    brought by Safeco to set aside the insurance policy covering
    Doran.    American Hardware was questioning any responsibility
    for its contribution to that action, although the proceeds of
    settlement which are now on the table arose from that action.
    It is clear that American Hardware misinterpreted its duties
    with    respect    to    section   39-71-414          .
    (2) (b)       Under   that
    section, if the company intended to share in the costs, it
    must not only share the costs of discovery, but also the
    attorneys fees.         Again, the insurer is suggesting that its
    attorney would      "assist" claimant ' s counsel in the action
    against the responsible third party.           There is no legal basis
    for that suggestion under statutes applicable.
    On July 17, 1980, counsel for the Sorums wrote to Noel
    indicating that American Hardware had refused to participate
    by sharing costs and fees, and that he was going ahead on the
    basis that the company had a 50% subrogation right.
    Thereafter, when the settlement proceeds arrived in the
    form of a check from the responsible carrier, the parties
    were unable       to agree on its division and the resulting
    proceedings before the Workers' Compensation Court that we
    have described above occurred.
    There are no other references in the record, either in
    correspondence or by deposition from Noel, which would give
    us any further information as to the intent of American
    Hardware to participate in this action, prior to the proceeds
    of the settlement being obtained, except as we have stated
    them here.        We   do not    find therefrom that the insurer
    communicated      to   the    claimants     its   intention   to   "pay   a
    proportionate share of the reasonable cost of the action,
    including attorney's fees. "          Section 39-71-414 (2)(b), MCA.
    Accordingly, we hold that the Workers' Compensation Court
    erred in determining that American Hardware is entitled to
    100% subrogation rights in this case, and hold instead that
    it   is     entitled     to    but    50%     subrogation.         Section
    Should   - -
    the rule     against     retroactive   application       -
    of
    decisional law prevent application - - Swanson - -to the
    of the      rule -
    insurer's subrogation rights?
    American Mutual Hardware cross appeals from the decision
    of the Workers' Compensation Court applying the Swanson rule
    in determining the subrogation rights of the insurer in this
    case.     The Swanson rule was announced by us in Swanson v.
    Champion International Corporation (1982),                    Mont.        I
    
    646 P.2d 1166
    , 
    39 St.Rep. 639
    .
    As we said, Donald R. Sorum died on August 22, 1979.                 A
    petition was filed in the Workers' Compensation Court on
    September 22, 1980.           The cause was heard by the Workers'
    Compensation Court on December 16, 1981, and was deemed
    submitted on February 2, 1982.          On April 9, 1982, the Swanson
    decision was handed down.            The Workers' Compensation Court
    issued its findings of fact and conclusions of law in this
    case on September 14, 1982.          American Hardware contends that
    the court has made a retroactive application of the Swanson
    rule and that the company is entitled. to have its subrogation
    right determined    according to Tuttle v.         Morrison-Knudsen
    Company, Inc. (1978), 
    177 Mont. 166
    , 
    580 P.2d 1379
    .
    American Hardware also contends that the decision in
    Swanson, supra, overruled Fisher v. Missoula White Pine Sash
    Company v. Michigan Mutal Liability Company (1974), 
    164 Mont. 41
    , 
    518 P.2d 795
    , and thus constitutes "new" decisional law
    which should not be given retroactive application.
    The cross appeal misapprehends our holding in Swanson.
    We distinguished, rather than overruled, Fisher, supra.        See
    646 P.2d at 1173.     We pointed out that the Fisher rule should
    no   longer pertain    because   of   changes made    in the   1977
    legislature on provisions of the Workman's Compensation Act,
    upon which Fisher had depended.       We stated:
    "More important is the change that was made in the
    1977 Montana Legislature of the provisions that
    relate to the protection of the employer through
    the exclusivity of the Workers' Compensation Act.
    In Fisher, this court placed great reliance on that
    part of former Section 92-204 RCM 1947, which
    stated, 'and in case of death shall bind his
    personal representative, and all persons having any
    right or claim to compensation for his injury or
    death,' as meaning that the recovery rights of the
    heirs were subject to the subrogation rights of the
    employer. 164 Mont. at 45, 518 P.2d at 797.
    "The 1977 amendment removed this language from the
    subrogation portions of former Section 92-204, and
    established a separate statute which related to the
    exclusivity of the Workers' Compensation Act as to
    the employer. The intent of the legislature that
    the heirs were bound as to exclusivity but not as
    to subrogation is now more clear. That statute now
    reads: ([here is set out the provisions of section
    .
    39-71-4111 )
    "A study of the foregoing statute will demonstrate
    that the inclusion of the words 'all persons having
    any right or claim to compensation for his injury
    or death' is intended to bind those persons as to
    suits against the employer, not third parties. In
    that context, any reference to this language with
    respect to the subrogation rights in the succeeding
    statutes is to take the quoted language out of
    context and away from the subject to which it is
    intended to pertain.     The language relates to
    exclusivity; under the present statutory scheme,
    it should not be construed to include the Workers'
    Compensation subrogation provisions, for         in none of
    the present subrogation provisions is            there any
    indication that the legislature intended         to include
    the rights of heirs within the                   employer's
    subrogation lien.
    "We therefore conclude that under the present
    statutory scheme, as it applies to this case, and
    because of the intrinsic differences that exist now
    and have always existed in the source and effect of
    recoveries    made   in    survival   actions    as
    distinguished from wrongful death actions, the
    subrogation rights of the employer or its insurer
    under the Workers' Compensation Act do not extend
    to recoveries made under wrongful death claims. To
    that extent, we distinguish Fisher v. Missoula
    White Pine Sash Company (1974), 
    164 Mont. 41
    , 
    518 P.2d 795
    .''  646 P.2d at 1173, 39 St.Rep at 647.
    The statutory changes to which we adverted in Swanson
    occurred   in      1977.    The 1977 amendments to the Workers'
    Compensation statutes preceded the occurrence in 1979 of the
    death of Donald Sorum, and also preceded the proceedings of
    the Workers' Compensation Court in this case by more than
    three years.
    Even if arguendo, the application of Swanson in this
    case be considered as retroactive, American Hardware                 cannot
    bring itself within the rules requiring nonretroactivity.
    One of the factors which must be considered in determining
    nonretroactive application is whether application would be
    inequitable.       LaRoque v. State   &    Alley (1978), 
    178 Mont. 315
    ,
    
    583 P.2d 1059
    , citing Chevron Oil v. Huson (1971), 
    404 U.S. 97
    ,   
    92 S.Ct. 349
    ,   
    30 L.Ed.2d 296
    .   American       Hardware
    contends that in determining equity, we may not look at the
    affect on the Sorum claimants, but may only consider the
    affect of nonretroactivity on American Hardware                &   Mutual.
    However, we feel that equity is a two-sided coin.
    This Court has repeatedly stated that under section
    39-71-104, MCA,        the Workers'        Compensation Act    is to be
    liberally construed in favor of the employee.                 In effect,
    American Hardware     &   Mutual is contending here by seeking to
    avoid   the    Swanson      rule       that       it     may     reach     into        the
    non-economic     damages     recovered under               the      wrongful      death
    statutes in favor of the heirs in order to satisfy its
    subrogation rights.       We can think of nothing more inequitable
    than allowing the insurer to go beyond the economic damages
    to invade the recovery made by the heirs for such items as
    the loss of comfort and society of the decedent suffered by
    the   surviving heirs,        and      the       loss    of    consortium         by    a
    surviving spouse.         646 P.2d      at 1170.          To hold in favor of
    American Hardware         on this issue would be to lose sight of
    the factors that guided us to our decision in Swanson, supra.
    The cross appeal is, therefore, denied.
    We,    therefore,     remand       this        cause     to    the    Workers'
    Compensation Court with instructions to conduct such hearings
    as may be necessary and to make and enter its findings,
    conclusions and order determining the subrogation rights of
    the insurer in this case based on the guidance of this
    opinion.                                     ,   - .-\
    We Concur:
    %d!@u&q
    Chief Justice
    Justices
    -   12   -
    Mr. J u s t i c e J o h n Conway H a r r i s o n d i s s e n t i n g :
    I dissent.
    The p l a i n t i f f s c o n t e n d     t h a t the     insurer        is not e n t i t l e d      to
    100 p e r c e n t s u b r o g a t i o n b e c a u s e t h e i n s u r e r d i d n o t p a r t i c i p a t e
    in    the      third-party           action.         I   disagree        and        would    hold      under
    39-71-414,            MCA,       that     there      was       sufficient           showing      of    par-
    t i c i p a t i o n on t h e p a r t of t h e i n s u r e r t o e n t i t l e him t o t h e 1 0 0
    percent        subrogation.             S e e T u t t l e v.     Morrison-Knutson              Co.,     Inc.
    ( 1 9 7 8 ) , 1 7 
    7 Mont. 1
     6 6 , 
    580 P.2d 1
     3 7 9 , where t h i s C o u r t a p p r o v e d
    such a subrogation.                  The f o r m u l a s e t f o r t h i n t h a t c a s e r e q u i r e s
    the     insurer          pay      its     proportionate           share        of     the     costs      and
    attorney's           f e e s and t h a t amount c o u l d be computed a f t e r s e t t l e -
    ment o r i u d q m e n t .        An i n h e r e n t p r o b l e m i n t h e f o r m u l a i s t h a t i t
    is impossible              to    compute      t h e p r o p o r t i o n a t e s h a r e of    attorney 's
    f e e s and c o s t s p r i o r t o s e t t l e m e n t o r judgment b e c a u s e t h e amount
    of t h e t h i r d - p a r t y    r e c o v e r y is unknown.          I conclude the claimant
    may r e q u e s t t h e i n s u r e r a d v a n c e a l l c o s t s ,        including attorney's
    f e e s , a s they are incurred.
    The W o r k e r s ' C o m p e n s a t i o n A c t must be l i b e r a l l y c o n s t r u e d i n
    f a v o r of      the claimant,           s e c t i o n 39-71-104,       MCA.        I f the claimant
    r e q u e s t s t h e i n s u r e r t o a d v a n c e c o s t s , " t h e i n s u r e r may e l e c t n o t
    t o p a r t i c i p a t e i n t h e c o s t of        the action.            If     t h i s e l e c t i o n is
    made,       the      insurer      w a i v e s 50 p e r c e n t of       its subrogation               rights
    g r a n t e d by t h i s s e c t i o n . "    S e c t i o n 39-71-414 ( 2 ) ( c ), MCA.
    The c l a i m a n t ' s c o n t e n t i o n t h a t t h e i n s u r e d i s n o t e n t i t l e d t o
    100 p e r c e n t s u b r o g a t i o n because it f a i l e d t o p a r t i c i p a t e a c t i v e l y
    in a      third-party            action      i s , i n my o p i n i o n ,      without merit.             On
    January        4,     1980,      the     insurer       wrote     to    the     claimant's         counsel
    stating:            "we do w i s h t o a c t i v e l y p a r t i c i p a t e i n t h e t h i r d - p a r t y
    a c t i o n and t h u s p r o t e c t o u r        subrogation r i g h t s a s per workers'
    c o m p e n s a t i o n law."       The i n s u r e r c o n s i s t e n t l y h e l d t o t h i s p o s i -
    t i o n and l a t e r o f f e r e d t o a d v a n c e c o s t s on a p r o - r a t a            basis i f
    c l a i m a n t ' s c o u n s e l would f u r n i s h it w i t h r e c e i p t s w i t h t h e a c t u a l
    c o s t expenditures.                The c l a i m a n t ' s   counsel did not               furnish the
    insurer with the r e c e i p t s for actual cost expenditures u n t i l the
    third-party          a c t i o n was s e t t l e d and t h e amount p r o v e d             t o be f a r
    less      than     what     counsel          for    the    insured      originally         suggested.
    Here t h e Workers' Compensation C o u r t found t h e i n s u r e d agreed t o
    p a r t i c i p a t e and i s e n t i t l e d t o 1 0 0 p e r c e n t      subrogation.             There
    i s , i n my o p i n i o n , s u b s t a n t i a l e v i d e n c e t o s u p p o r t t h e W o r k e r s '
    Compensation C o u r t ' s          f i n d i n g and      t h i s C o u r t s h o u l d have u p h e l d
    those      findings.           See Pinion            v.    H.   E.   Smith      Construction          Co.
    (1980 1 1              Mont   .          ,   
    619 P.2d 1
     6 7 , 37 St.Rep:l355;            Head v.
    Missoula        S e r v i c e Company         ( 1 9 7 9 ) , 1 8 
    1 Mont. 129
    ,     
    592 P.2d 507
    .
    T h e r e b e i n g s u b s t a n t i a l e v i d e n c e t o s u p p o r t t h e f i n d i n g s of
    the     Compensation          Court,         I     would    uphold     the     findings        of    that
    court.
    We concur in the dissent
    

Document Info

Docket Number: 82-392

Filed Date: 7/14/1983

Precedential Status: Precedential

Modified Date: 3/3/2016