Kessel v. Liberty Northwest Ins. Corp.

¶1 Duane Kessel (Kessel), a former employee of Stimson Lumber Company (Stimson) in Libby, Montana, sought compensation and medical benefits for an occupational disease he allegedly derived from asbestos exposure while working at Stimson. Liberty Northwest Insurance Corporation (Liberty), as insurer of Stimson, moved for summary judgment on the ground that Kessel’s Petition was time-barred. The Workers’ Compensation Court (WCC) denied Liberty’s motion. Liberty appeals. We affirm.

ISSUE

¶2 A restatement of the issue on appeal is:

¶3 Did the WCC err when it ruled that the two-year statute of…