David v. State Compensation Mutual Insurance Fund

This is an appeal from a Workers’ Compensation Court decision in favor of the State Fund’s method of calculating benefits for claimant David. We affirm.

We consider the following issues on appeal:

I. Did the Workers’ Compensation Court err in determining the temporary total disability rate to be paid to claimant David?

II. Did the Workers’ Compensation Court properly deny attorney fees?

III. Did the Workers’ Compensation Court properly deny an award of a 20% penalty pursuant to § 39-71-2907, MCA (1991)?

Claimant Curt David (David) was hired by Mike McCoy to do ranch work for a period of one day…