Wunderlich v. Lumbermens Mutual Casualty Co.

R. Kim Wunderlich (Wunderlich) appeals from the findings, conclusions, and judgment of the Workers’ Compensation Court. The court denied Wunderlich’s claim for permanent partial disability benefits under § 39-71-703, MCA (1985), and his claims for a penalty and attorney fees based on Lumbermens Mutual Casualty Company’s (Lumbermens) unreasonably delayed acceptance of his occupational disease claim. We affirm.

The Workers’ Compensation Court consolidated Wunderlich’s Workers’ Compensation Act and Occupational Disease Act claims for trial. For purposes of clarity, we address Wunderlich’s claim…