Wilhelm v. Owens Enterprises, Inc.

Joseph Wilhelm, claimant below, appeals the decision of the Workers’ Compensation Court holding that the defendant insurer, EBI/ Orion Group, properly terminated his temporary total occupational disease benefits. We find that the decision of the Workers’ Compensation Court did not comport with the principles set forth in Coles v. Seven Eleven Stores (1985), 217 Mont. 343, 704 P.2d 1048, and we therefore reverse and remand.

Wilhelm presents two issues for review:

1. Did the Workers’ Compensation Court err in concluding that Wilhelm’s benefits were properly terminated pursuant to the Coles…