Killoy v. Reliance National Indemnity

I respectfully dissent from the Court’s opinion for the same reason I recently dissented from part of the Court’s opinion in Larson v. CIGNA Ins. Co. (1996), [276 Mont. 283], 915 P.2d 863. It is my view that the Court again misapplies our stated standard for reviewing the Workers’ Compensation Court’s findings of fact and I cannot join the Court in doing so.

The Workers’ Compensation Court’s ultimate finding in this case is that Killoy has a reasonable prospect of physically performing regular employment and, therefore, that he did not meet his burden of proving permanent total disability by a…