Garmann v. E.R. Fegert Company

Claimant and appellant, Lavern Garmann, appeals the denial to reopen the case for reconsideration of attorney fees by the Workers’ Compensation Court, Honorable Timothy Reardon presiding.

We decide that the issue to be determined is whether appellant’s failure to appeal in a timely fashion prohibits the Supreme Court from hearing the case for lack of jurisdiction.

Lavern Garmann suffered multiple injuries while working for E. R. Fegert Co., in Zortman, Montana. The injuries sustained by Garmann included fractures of the pelvis, ribs, lumbar spine and nerve damage to the upper right extremities.…