Mont. State Fund v. Liberty Nw. Ins. Corp.

Justice James Jeremiah Shea delivered the Opinion of the Court.

***222¶ 1 Montana State Fund (State Fund) appeals from the Workers' Compensation Court's (WCC) Order Denying Montana State Fund's Motion for Summary Judgment and Granting Liberty Northwest Ins. Corp.'s Motion for Summary Judgment. We reverse.

¶ 2 We restate the issue on appeal as follows:

Whether the Workers' Compensation Court erred when it held that § 39-71-407(14), MCA, did not apply for purposes of determining liability for the exacerbation of Wiard's occupational disease.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 Kim Wiard (Wiard),…