Tinker v. Montana State Fund

¶1 Montana State Fund (State Fund) appeals from a decision of the Workers’ Compensation Court (WCC) holding that petitioner David Tinker (Tinker) is entitled to the acceptance of a workers’ compensation injury claim for a degenerative condition in his left hip. Tinker cross-appeals from the portions of the WCC’s decision denying his occupational disease claim for his left hip, and his claims for an award of attorney fees and a statutory penalty based on State Fund’s denial of his claims. We deny State Fund’s appeal and Tinker’s cross-appeal, and affirm the decision of the WCC.

FACTUAL AND…