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July 29, 2021

eBook details

Title: Trusty v. Consolidated Freightways
Author : Supreme Court of Montana
Release Date : January 24, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

Appellant brings this appeal from a Workers Compensation Courts judgment determining that claimant was only entitled to a 50% offset of Social Security benefits, including auxiliary benefits against his Workers Compensation disability benefits and denying penalty and attorneys fees. This action arose following this Courts ruling in McClanathan v. Smith (1980), 186 Mont. 56, 606 P.2d 507, that Montanas former offset statute, Section 92-702.1 Revised Codes of Montana (1947), in effect between July 1973 - Page 150 to July 1974, was constitutionally unenforceable. Appellant then sought to recover for underpayment due to excessive offsets.

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