Ness v. Anaconda Minerals Co.

Appellant Harry A. Ness (Ness) appeals the decision of the Workers’ Compensation Court concluding that Ness was entitled to total disability benefits only until September 11, 1989, the date on which Anaconda Minerals Company (Anaconda) properly discharged its duties to investigate the extent of Ness’s disability and to notify Ness of the results of that investigation. Anaconda cross appeals the Worker’s Compensation Court’s determination that Anaconda was not entitled to subrogate the benefits it had paid against Ness’s settled third party claim, as well as the court’s determination that Ness…