McFerran v. Consolidated Freightways

¶1 The Claimant, John McFerran, filed a petition in the Workers’ Compensation Court for the State of Montana in which he sought total disability benefits. His employer, Consolidated Freightways, asserted that he was still employable, and therefore not permanently totally disabled. The Workers’ Compensation Court concluded that, pursuant to § 39-72-116(24), he did not qualify for total disability benefits. McFerran appeals this conclusion. We reverse the judgment of the Workers’ Compensation Court.

¶2 We conclude that the following issue is dispositive:

¶3 Did the Workers’ Compensation Court err…