Smart v. Montana Historical Society

John Smart (Smart) appeals a decision of the Workers’ Compensation Court finding that Smart is not entitled to permanent total disability benefits under § 39-72-701(1), MCA(1991), and limiting his benefits to a maximum award of $10,000 pursuant to § 39-72-405, MCA (1991). We affirm.

The sole issue presented for review is:

Did the Workers’ Compensation Court err in finding that Smart is not entitled to permanent total disability benefits under the Montana Occupational Disease Act?

Factual and Procedural Background

Smart filed a claim on October 29, 1992, for an injury arising out of and in the…