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Gray v. Montana State Fund

Court of Workers Compensation of Montana

January 31, 2014

CHARLES GRAY Petitioner
v.
MONTANA STATE FUND Respondent/Insurer.

Submitted: December 23, 2013

ORDER AMENDING SUMMARY JUDGMENT ORDER NUNC PRO TUNC

JAMES JEREMIAH SHEA JUDGE

¶ 1 On January 30, 2014, this Court issued an Order Denying Petitioner's Motion for Summary Judgment. Paragraph 12 of this Order inadvertently set forth the incorrect standard of proof for summary judgment. Paragraph 12 presently reads as follows:

This case is governed by the 2011 version of the Montana Workers' Compensation Act (WCA) since that was the law in effect at the time of Gray's industrial accident.[1] Gray bears the burden of proving by a preponderance of the evidence that he is entitled to the benefits he seeks.[2]

¶ 2 Paragraph 12 is amended to read as follows:

This case is governed by the 2011 version of the Montana Workers' Compensation Act (WCA) since that was the law in effect at the time of Gray's industrial accident.[3] For summary judgment to be granted, the moving party must establish that no genuine issues of material fact exist and that the moving party is entitled to judgment as a matter of law.[4]Although the parties in this case agree that there are no material facts in dispute, for the reasons set forth below, Petitioner's Motion for Summary Judgment is denied.

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