Lund v. State Compensation Mutual Insurance Fund/Garden City Plumbing & Heating, Inc.

The issue before us is whether the Workers’ Compensation Court erred in concluding that, pursuant to § 39-71-709, MCA (1985), claimant could withdraw his election to proceed under § 39-71-703, MCA (1985), and seek benefits under §§ 39-71-705 through 39-71-708, MCA (1985). We hold that the court did not err and, therefore, affirm its grant of claimant’s motion for summary judgment.

The relevant facts are uncontested. Claimant Timothy Lund (Lund) was employed by Garden City Plumbing and Heating, Inc. (Garden City) on July 8,1986, when he was injured in the course and scope of his employment.…