Hafer v. Anaconda Aluminum Co.

Claimant Kerry Hafer (Hafer) appeals from the judgment of the Workers’ Compensation Court. Hafer questions the method used by the court to compute his award. He presented the following issues for review:(1) Whether there was substantial evidence to support the hearing examiner’s finding that Hafer’s injury affects only his elbow, rather than his whole arm.(2) Whether the limitations of 39-71-705 through 39-71-708, MCA, apply to a worker who has elected to seek benefits for lost earning capacity under 39-71-703, MCA.

We vacate and remand.

This action was commenced on November 26, 1979, by…