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RUSSELL v. WATKINS & SHEPARD TRUCKING CO.

No. DA 08-0336.

211 P.3d 864 (2009)

2009 MT 217

351 Mont. 297

Alan RUSSELL, Petitioner and Appellee, v. WATKINS & SHEPARD TRUCKING COMPANY, Respondent-Insurer and Appellant.

Supreme Court of Montana.

Decided June 24, 2009.

Attorney(s) appearing for the Case

For Appellant: Leo S. Ward, Chad E. Adams, Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana.

For Appellee: James G. Edmiston, Edmiston & Colton, Billings, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Watkins & Shepard Trucking Company (Watkins) appeals from a decision of the Workers' Compensation Court (WCC) granting the occupational disease claim of petitioner Alan Russell (Russell). Watkins is a self-insured employer enrolled under Compensation Plan I of the Montana Workers' Compensation Act. Russell had alleged that he was exposed to carbon monoxide while working as a truck driver for...

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