Legal Opinion · Concurring in part, dissenting in part

Narum v. Liberty Northwest Ins. Corp.

Montana Supreme Court

Decided April 14, 2009No. DA 08-0311Published

1Concurring in part, dissenting in partJustice Rice

¶40 I concur with the result the Court reaches under denominated Issue One. Although the evidence was contradictory, the conclusions entered by the WCC with regard to the cause of Narum’s hip replacement were supported by substantial evidence. However, it is noteworthy that the WCC, in reaching its conclusions, had to discount the opinion of Dr. Willis, Narum’s treating physician, by determining that Dr. Willis had “misapprehended” Narum’s condition. This, to say the least, is a rare conclusion within worker’s compensation jurisprudence, which usually gives substantial weight to and relies…

2Cases cited2 opinions

  1. Marcott v. Louisiana Pacific Corp.Montana Supreme Court · 1996
  2. Nielson v. State Compensation Insurance FundMontana Supreme Court · 2003

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API