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Morgan v. State Compensation Insurance Fund

Court of Workers Compensation of Montana

September 30, 1993

BRUCE W. MORGAN Petitioner
v.
STATE COMPENSATION INSURANCE FUND/UNITED MATERIALS Defendant/Employer.

          Counsel of Record: Mr. J. David Slovak Attorney at Law.

          Mr. Thomas E. Martello Legal Counsel.

          ORDERADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW OF HEARINGEXAMINER AND ENTERING JUDGMENT

          Mike McCarter Judge

         The above-entitled matter was duly heard by Court-appointed Hearing Examiner, ROBERT J. CAMPBELL who conducted the hearing, considered the evidence and prepared and submitted Findings of Fact and Conclusions of Law and Proposed Judgment for consideration by the Court.

         Thereupon, the Court considered the record in the above- captioned matter, considered the Findings of Fact and Conclusions of Law and Proposed Judgment of the Hearing Examiner and does hereby make and enter the following Order and Judgment.

         IT IS HEREBY ORDERED the Findings of Fact and Conclusions of Law and Proposed Judgment of the Hearing Examiner are adopted.

         IT IS FURTHER ORDERED the Judgment is to be entered as follows:

         JUDGMENT

         1. This Court has jurisdiction over this matter pursuant to section 39-71-2905, MCA. 2. Defendant is not responsible for the medical expenses claimant incurred August 2, 1991. 3. Claimant is not entitled to attorney fees, costs or penalty.

         4.Any party to this dispute may have 20 days in which to request a rehearing from these Findings of Fact and Conclusions of Law and Proposed Judgment.

         5. The JUDGMENT herein is certified as final for purposes of appeal pursuant to ARM 24.5.348. DATED in Helena, Montana, this 30th day of September, 1993.

         ON BEHALF OF THE PETITIONER

         ON BEHALF OF THE DEFENDANT/EMPLOYER

         FINDINGS OF FACT AND CONCLUSIONS OF LAW AND PROPOSED JUDGMENT

         (Image Omitted)

         1. Claimant filed a petition to resolve a dispute between himself and the insurer under Title 39, Chapter 71, Part 29, MCA.

         2. The Clerk of Court gave notice to interested parties of (a) the time, place and nature of the trial; (b) the legal authority and jurisdiction under which the trial was to be held; (c) the particular sections of the statutes and rules involved; and (d) the matters asserted by notifying all parties who appeared of record to have an interest by mailing to them a copy of the ORDER SETTING TRIAL AND PRETRIAL CONFERENCE with a copy of the PETITION FOR HEARING attached and a copy of the Clerk's Certificate of Mailing the Order and Petition. Section 2-4-601, MCA.

         3. A pretrial conference was conducted on March 24, 1993, before Clarice V. Beck, Hearing Examiner. The Pretrial Order was docketed on April 22, 1993. Pertinent parts of the Pretrial Order are as follows:

         A. STATEMENT OF JURISDICTION

         The Workers' Compensation Court has jurisdiction in the above-entitled matter pursuant to Mont. Code Ann. § ...


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