WCC No. 9801-7909

WILLIAM R. PITTSLEY

Petitioner

vs.

STATE COMPENSATION INSURANCE FUND

Respondent/Insurer for

3-MOR ENTERPRISES

Employer.

¶1 This matter has been decided on Partial Summary Judgment and an Order Denying Penalty and Attorney Fees. All issues have been resolved. Accordingly, Final Judgment is entered as follows:

¶2 Claimant's total disability rate is $336 per week and total disability benefits due claimant shall be paid at the rate.

¶3 With respect to total disability benefits paid claimant, the State Fund shall pay claimant in a lump sum the difference between $336 per week and the amount actually paid to him. The Court retains continuing jurisdiction to determine the actual amount due should the parties be unable to agree on the amount.

¶4 The claimant is not entitled to attorney fees or a penalty.

¶5 The claimant is entitled to costs in an amount to be determined by the Court.

DATED in Helena, Montana, this 19th day of November, 1998.

(SEAL)

/s/ Mike McCarter
JUDGE

c: Mr. Steve Fletcher
Ms. Carrie L. Garber