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McCORMACK v. SEARS, ROEBUCK & CO.

No. 83-340.

682 P.2d 1357 (1984)

Dwight McCORMACK, Claimant and Respondent, v. SEARS, ROEBUCK & COMPANY, Employer, Sears, Roebuck & Company, Defendant and Appellant.

Supreme Court of Montana.

Decided May 24, 1984.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Great Falls, for defendant and appellant.

Bernard J. Everett, Anaconda, for claimant and respondent.

SHEA, Justice.

The employer, Sears, Roebuck & Co., appeals an order of the Workers' Compensation Court granting permanent total disability benefits to claimant, Dwight McCormack, based on a condition set forth in section 39-71-1005, MCA, that claimant successfully pursue a program of vocational rehabilitation.

The employer raises two issues concerning the disability rulings, and the third issue is a claim that claimant did not have a right to obtain vocational...

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