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BURKE v. ROSEBURG FOREST PRODUCTS CO.

WCC No. 2009-2316

2009 MTWCC 32

DONNA BURKE, as surviving widow of JAMES F. BURKE, deceased, Petitioner, v. ROSEBURG FOREST PRODUCTS CO. Respondent/Insurer.

Supreme Court of Montana.

Decided: September 14, 2009

ORDER GRANTING RESPONDENT'S MOTION TO DISMISS

JAMES JEREMIAH SHEA, JUDGE

¶ 1 Respondent Roseburg Forest Products Company (Roseburg) moved to dismiss Petitioner Donna Burke's (Burke) petition based on Burke's failure to complete the mediation process before filing her Petition for Hearing as required by § 39-71-2408(1), MCA and § 39-71-2905, MCA. For the reasons discussed below, Roseburg's motion is granted.

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