Komeotis v. Williamson Fencing

This case appears before us for the second time. The first appeal involved the Workers’ Compensation Court’s improper application of Section 39-71-741, MCA, as amended in 1985. This Court reversed the lower court in the former appeal holding that the statute could not be applied retroactively. Komeotis v. Williamson Fencing (Mont. 1987), [225 Mont. 356,] 736 P.2d 93, 44 St.Rep. 298. The case was remanded for a determination of the lump sum issue applying the law as it existed at the time of the injury. Komeotis, 736 P.2d at 93.

On remand the Workers’ Compensation Court applied the correct law…