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MACO WORKERS' COMPENSATION TRUST v. KLINKAM

WCC No. 2011-2789.

2011 MTWCC 26

MACo WORKERS' COMPENSATION TRUST Petitioner/Insurer v. MARY BETH KLINKAM Respondent.

Workers Compensation Court of Montana.

December 13, 2011.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT

JAMES JEREMIAH SHEA, JUDGE.

Summary: Petitioner claims it is entitled to an offset pursuant to § 39-71-701(5), MCA, which provides that an insurer is entitled to an offset if the claimant collects social security disability payments "because of the injury" for which the claimant also receives workers' compensation benefits.

Held:

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