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NO.

91-184

IN THE SUPREME COURT OF THE STATE OF MONTANA
1991

JESSALIN DILLING, Claimant and Appellant,
V.

BUTTREY FOODS, Employer/Defendant and Respondent.

APPEAL FROM:

Workers' Compensation court, The Honorable Timothy W. Reardon, Judge presiding.

COUNSEL OF RECORD: For Appellant: Richard J. Martin; Alexander, Baucus P.C., Great Falls, Montana For Respondent: Thomas A. Marra; Marra, Wenz, Johnson P.C., Great Falls, Montana
_I
1

&

Linnell,

&

Hopkins,

Submitted on briefs: August 1, 1991

Justice William E. Hunt, Sr., delivered the opinion of the Court. Claimant and appellant, Jessalin Dilling, appeals an adverse ruling of the Workers' Compensation Court denying her additional wage supplement benefits pursuant to We reverse. Claimant raises one issue on appeal which we restate as follows: Whether the Workers' Compensation Court erred when it included a modified position in claimant's job pool when determining claimant's post-injury earning capacity. On July 1, 1987, claimant suffered an industrial injury arising out of her employment with Buttrey Foods, a self-insurer. While working as a grocery checker, claimant reached across the counter to pick up two watermelons and injured her back. At the

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Montana Law